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HomeMy WebLinkAbout09-11-2000MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA SEPTEMBER 11, 2000 Mayor Galligan called the meeting to order at 9:30 A.M., and on call of the roll those members present were: City Engineer Bob Miller, and Councilperson Frantz. Also present were: Building Commissioner Larry Decker, Wastewater Treatment Director Traylor, Vehicle Maintenance Fore Mike Ewton, Safety Director Rodden, Planning and Zoning Director Jana Ecker, Animal Shelter Director Keller, Parks Director Rick Elliott, Police Chief Mike Pavey, City Attorney Anne Marie Galligan, Street Commissioner Grant, Personnel Director Ellis, Fire Chief Mike Smith, Asst. Wastewater Treatment Dir. Wilkey, and Clerk Lynne Mayfield. City Engineer Miller made the motion to approve the claims as presented, seconded by Cou ncilperson Frantz and carried unanimously~ City Engineer Miller made the motion to approve the minutes of 6-19-00, 8-21-00, 8-28- 00, and 9-5-00, seconded by Councilperson Frantz and carried unanimously. CULPEPPER GROUP Edward Culpepper Cooper appeared before the Board to ask to be allowed to be the agent of record for the City of Jeffersonville so that he can explore the possibility of an intedocal agreement among the City of Jeffersonville and the Town of Clarksville. He is not limiting this agreement to just those entities but those are the largest public employers in Clark County. He said he was Jeffersonville's agent for ten years and would like to be again with his experience and staff. He thinks it's possible to cut insurance costs to the city employees if an inteflocal agreement can be agreed upon. Mayor Galligan recommended setting up a meeting with the Culpepper Group and the other entities. Fire Chief Smith said he would like to attend the meeting along with a Union representative. Engineer Miller made the motion to table this item until the next Board meeting, seconded by Councilperson Frantz and carried unanimously. Sharon Martin who resides at 3719 Hamburg Pike appeared before the Board in regard to the letter she received about needing to pave her driveway. She requested an exception for having to pave it. Planning and Zoning Director Ecker said she believes that an exception can be given provided that it was grandfathered in. Director Ecker said the complaints she received were pertaining to open storage, two vehicles on her grass, driveway not paved, and two vehicles not stickered. Mrs. Martin said she is working on all these issues. Mayor Galligan said he would go out and look at the address and work something out with her. Mrs. Martin said she had a prowler at her residence two weekends ago and the police were called. At that particular time the police were working an accident and could not respond to her call right away. She wanted to know why there were no officers available. Police ChiefPavey explained to her that this sometimes happens. He said calls have to be prioritized and the auto accident took precedence at that time. ROSEHILL NEIGHBORHOOD ASSOCIATION Joann Blake requested that the Board approve putting the stop sign back up at Pearl and W. Market Street. She said it is needed along with the one at Mulberry and W.Market Street. She brought a signed petition to support her request and that of the area neighbors. Mr. Frey appeared before the board in support of the signs. Councilperson Frantz made the motion to approve reinstalling the stop sign at Pearl and W. Market Street, seconded by Engineer Miller and carried unanimously. Ms. Blake asked the Board to bring the trash cans back to the ball park. The Mayor said this would be done. CITATION-1802 E. TENTH STREET Building Commissioner Decker said he received a complaint on May 5, 2000 about a rooftop compressor at the Walgreen's at 1802 E. Tenth Street. Mr. Steven's appeared before the Board on behalf of Walgreen's and stated that Walgreen's will be vacating that location around the end of November and the equipment will be sold or removed. Engineer Miller made the motion to give Walgreen's until Jan. 1, 2001 to remove the existing compressor, seconded by Councilperson Frantz and carried unanimously. 410 E. MAPLE STREET Building Commissioner Decker told the Board he has received numerous complaints in regard to the four Dobermans belonging to Ms. Horn at 410 E. Maple Street. People have complained about the dog odor in particular. Building Commissioner Decker's recommendation is outlined in Exhibit A attached and includes that the dogs' waste be removed and double bagged every 3 days and a thin layer of lime be spread on the yard every week. He recommends taking the recommended enforcement action, including a fine, if the City receives 3 verifiable complaints within any 2 year period if the propertyt is in non-compliance. Engineer Miller made the motion to approve Building Commissioner Decker's recommendation, seconded by Councilperson Frantz and carried unanimously. HOPKINS LANE PROPERTY Attorney Galligan said that in 1979 K&F Development attempted to dedicate a piece of property on Hopkins Lane to be used for access to some houses that are back offof Hopkins Lane. The dedication plat has no acceptance from the City. It is referred to as Hopkin's Place and was only partially paved. The portion that is not paved is adjacent to Kimberly Carroll's house. Ms. Carroll wants to purchase the unpaved portion of Hopkin's Place in order to build a garage on her property. The assessor has been asked to assess the property for the city and it was assessed at $10.00. Based on that assessment, Attorney Galligan asked the Board to determine that the highest and best use of this tract (the unpaved portion) is a sale to an adjoining property owner since the cost to maintain the tract exceeds the estimated fair market value. Notice will be sent to adjoining property owners and published in the paper. Attorney Galligan said another heating will be held in about 3 weeks. Bids will be accepted at this time. Engineer Miller made the motion to approve this proposal, that it is economically unjustifiable to get two appraisals, the cost to maintain the property is equal or exceeds the value of the property, and that the highest and best use of the property is to sell it to an adjoining landowner seconded by Councilperson Frantz and carried unanimously. RESOLUTION CONDEMNING CERTAIN REAL PROPERTY Attorney Galligan told the Board that sewers are being constructed in Pleasant Run as everyone knows and another leg of the sewer line needs to be done. An easement needs to be obtained in order to connect the Whispering Oaks Subdivision on Salem-Noble Road. She recommended that the Board approve the resolution condemning the property needed for the work. Engineer Miller made the motion to approve the Resolution condemning the property, seconded by Councilperson Frantz and carried unanimously. An October 2, 2000 condemnation hearing has been set. TALL OAKS DRIVE Mayor Galligan told the Board that he observed a driveway on Tall Oaks Drive that has been poured with concrete and a pipe installed under it. He said the concrete has to come out. Engineer Miller made the motion to approve a City policy that no obstructions to curbs and gutters including concreted pipes and metal plates will be allowed in the City's right-of-way after a street has been milled and repaved, seconded by Councilperson Frantz and carried unanimously. There being no further business to come before the Board of Public Works and Safety, City Engineer Miller made the motion to adjourn at 10:40 a.m., seco ded by Councilperson Frantz and carried unanimously. ATTEST: (~LFTP, TK~q~- T RE A SURER 410 East Maple Street 1975-1996 3-26-98 6-12-98 8-31-98 4-7-00 6-9-00 7-11-00 8-8-00 8-9-00 8-22-00 Several complaints, car and overgrowth, etc. Complaint breeding Doberman's as many as 8 dogs. Fence falling down, dogs getting out. Sent notice of violation 3-27-98 met with Ms. Horn, said she would repair fence and that she didn't have 8 grown dogs. Complaint regarding operating kennel sent letter on 6~ 12-98. This is violation of Ordinance 90.01. Complaint regarding smell; verified complaint and met with Ms. Horn about smell, said she would take care of the pFoblem. Also address the issue of the number of dogs she is allowed. At that time she had 5 dogs gave 30 days to get rid of one. Filed away on 9-29-98..: Dog odor complaint - verified strong dog odor. Sent letter to have property cleaned up on 4-11-00. Dog odor complaint - Jack could not verify but it had rained during this period. Jack sent letter stating that this office has received several complaints on 7-3-00 about dog odor, which were verified, if not corrected would be cited to the BPW&S. Met with Mr. Taylor on request of Councilwoman Conlin. Discussed options, I told them I need support of neighbors on complaints of this type. Cited Ms. Horn to the BPW&S meeting. Met with Ms. Horn and highlighted what would be done at this meeting. BUILDING COMMISSIONER RECOMMENDATION Clean up procedure 1. Waste to be removed and double bagged every 3 days. 2. Thin layer of lime to be spread on yard every week. B. Enforcement if property is in non-compliance' 1. If verifiable compliant is made due to odor of dog waste the following procedure will be implemented. a) b) A notice will be placed on door to have odor under control in 3 days. If odor is not under control at the end of the 3 days the City will perform the work and the owner will be billed for services plus a $500 fine. If dogs are in the yard and prevent clean up the City will pursue a court order to seize animals. If after the above is implemented and the odor is still a problem the City of Jeffersonville will pursue a court order to seize the animals. SUPPLEMENTAL AGREEMENT NO. 1 This Supplemental Agreement made and entered into this 25~h day of September, 2000, by and between the City of Jeffersonville, acting by and through the Board of Public Works and Safety, hereinafter referred to as the 'LOCAL PUBLIC AGENCY", and Jacobi, Toombs and Lanz, Inc., Consulting Engineers, 120 Bell Avenue, Clarksville, Indiana, 47129, hereinafter referred to as the "CONSULTANT", WITNESSETH WHEREAS, the LOCAL PUBLIC AGENCY and the CONSULTANT did, on August 9, 1999, enter into an agreement providing necessary Construction Engineering Services required in connection with Federal Aid Project No. STP-BIKE(020), Jeffersonville Lawn Terrace Project, Riverside Drive at Ohio River's edge, in the City of Jeffersonville, Clark County, Indiana, and, WHEREAS, it has become necessary to continue to provide Construction Engineering Services required to complete this project, and, WHEREAS, the Construction Engineering work required to complete this project is appropriate, and will result in an adjustment to the maximum fee. NOW THEREFORE, it is agreed by and between the parties hereto to the following additions or changes in the agreement: APPENDIX 'D' AMOUNT OF PAYMENT The total compensation for Section A(1), (2) and (3) of the Appendix 'D' shall not exceed $ 36,477.75 unless approved in writing by the Local Public Agency, Indiana Department of Transportation and Federal Highway Administration. 5. A breakdown of the estimated costs for the project is as follows: Base Payroll Cost $ Payroll Burden and General Overhead $ Estimated Total Labor and Overhead Costs $ 14,254.50 1~8. ,530.85 32,785.35 Fixed Fee $ 3,166.00 Direct Non-Salary Costs $ __ 526 40. Total $ 36,477.75 EXCEPT as herein modified, changed and supplemented, all items of the original agreement dated August 9, 1999 shall continue in full force and effect. PROJECT NO. STP-BIKE(020) JEFFERSONVlLLE LAXVN TERRACE PROJECT JUSTIFICATION FOR ADDITIONAL COMPENSATION FOR CONSTRUCTION ENGINEERINC SUPPLEMENT NO. 1 Due to the multiple design changes during the construction of this project, considerable more inspection time has been required than originally anticipated to be covered as parr-time inspection. The design changes have also extended the contract completion date. It is estimated that the project will now not be completed until the end of October, 2000. The additional estimated man-hours are as follows: Project Manager: Resident Project Representative: Inspection: Additional mileage: ~.0 weeks @ 3 hours/week t0 weeks @ 16 hours/week 10 weeks @ 8 hours/week 10 weeks x 4 trips/week x 10 miles 30 hours 160 hours 80 hours 400 miles iN WITNESS WHEREOF, the parties hereto have made and executed this Supplemental Agreement the day and year first mentiOned above. CONSULTANT LOCAL PUBLIC AGENCY ~ C"~/~ ~./~'~'~'-''-yJACOBI' TOOMB~D~., INC. ~eI. Lanz, Presidey ATTEST: ohn H. Toombs, Jr., Vine Prat BOARD OF PUBLIC WORKS & SAFETY CITY OF JEFFERSONVILLE, INDIANA or ~om ~/~/ligan Robert L. Miller, Member ~~i/ ~'~ er Dennis F~'antz, yemb ATTEST: Peggy ~i~er, C~t~ Clerk-Treasur APPROVED AS TO LEGALITY AND FORM: Anne Marie Galligan / Attorney for City of Jeffersonville ESTIMATE OF EXTRA WORK CLASSIFICATION HOURS WAGE RATE EXTENSION PROJECT MANAGER RESIDENT PROJECT REPRESENTATIVE INSPECTOR CLERICAL TOTAL DIRECT LABOR: INDIRECT COSTS: DIRECT LABOR x 1.30 TOTAL LABOR COSTS: MILEAGE 400 miles x $0.28 per mile TOTAL COST FIXED FEE: 30 38.50 160 17.50 80 14.00 0 12.50 $ 1,155.00 $ 2,800.00 $ 1,120.00 $ 0.00 $ 5,075.00 $ 6,597.50 $ 11,672.50 $ 112.00 $ 11,784.50 $ 0.00 11,784.50 ADDITIONAL ESTIMATED CONSTRUCTION ENGINEERING COSTS: $ City-County Building 501. E. Court Avenue Jeffersonville, Indiana 47130 September 25, 2000 Mayor (812) 285-6400 FAX(812) 285-6468 Mr. Bruno F. Canzian, Manager Local Transportation Section Division of Planning Indiana Department of Transportation Room N601, Government Center North 100 North Senate Avenue Indianapolis, Indiana 46204-2249 Attn: Marka L. Wildman, Supervisor - Agreements Assistant Section Re: Project No. STP BIKE(020) Jeffersonville Lawn Terrace Project Dear Ms. Wildman: The purpose of this letter is to submit two (2) executed copies of a proposed Supplemental Agreement for Construction Engineering Services for the above referenced project, for your review and approval. Please process at your earliest convenience, and don't hesitate to call if you have any questions. Sincerely, President cc: Marvin Stoner, INDOT, Seymour District RESOLUTION NO. 2000-R /5'~ A RESOLUTION ESTABLISHING LIST OF INJURIOUSLY AFFECTED INTERESTS IN CONDEMNED PROPERTY AND ESTABLISHING DAMAGES WHEREAS, on September 11, 2000 the Jeffersonville Board of Public Works and Safety ("the Board') adopted Resolution 2000- R- 14 condemning the real property described in Exhibit A, attached hereto and incorporated by reference herein; and WHEREAS, Indiana Code 32-11-1.5-4 requires that the Board prepare a list of all the owners of the condemned property, and of interests in it; and WHEREAS, Indiana Code 32-11-1.5-5 requires that the Board award damages sustained by said owners and holders of interests and serve ~vritten notice showing the amount of the award; and WHEREAS, the written notices must name a date the Board xv/ll receive or hear remonstrances; NOW THEREFORE, BE IT HEREBY RESOLVED that the owner of the p~operty described in Exhibit A, and of interests in it, is Mr. Richard Leman; and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the total damages sustained by Mr. Richard Lewman as a result of the condemnation of a sewer and access easement over the property described in Exhibit A are Seven Thousand Eight Hundred and Seventy-Five Dollars ($7, 875.00); and NOW THEREFORE, BE IT HEREBY FURTHER RESOLVED that the Board shall receive and hear remonstrance's with regard to the amount of the damage a~vard at its regular 9:30 a.m. meeting on October 2, 2000, and the Clerk-Treasurer is hereby instructed to serve personal notice upon Mr. Richard Lexvman at his last usual place of residence located at 6020 Salem Noble Road, Jeffersonville, Indiana. Adopted this OrO~'~ day of 4,t~. ,2000. ATTEST: Bob Miller Dennis Frantz / Clerk-Treasurer p.o, 8ox ~ 23 CORYDON. INDI~'qA 47112 PAUl. PRiMAV~. P.A. & A~OGJATES. J~4C. ~01 FAST CHESTNUT b-F. CORYDON SANITARY SEW-ER'EASEMt2qT W'HISPE~ION The following is a ~nltary sewer easement prepared this 29th day of August, 2000, of real property being part of Grant #70, Clark's Military Grant, Utica Towuship, Clark County, Indiana, being all of tho following described property..lying East of the West property line of that property recorded in Deed Drawer 31, Insb-ument #5971 in the ~m¢ of Thomn~ A. King and Linch J. King, commencing at the~ Westernmost comer of said Grant #70, which is also the Southernmost corner of Grant #92, thence along the grant line between Grants #70 and #92, North 500-08'. 53" East 723.99 feel, this being the point of beginning of a permanent sanitary easement to mn 10.00 feet both sides of the following desto'bed line and a temporary construction easement 20.00 feet in width, adjacent to and imm¢c[iately Northeast 9f, said perm,trent easement, said line being described as follows: South 67°-31'-36" East 387.28 feet, South 72°-52'-18'. East 400.00 feet, South 79°-26'- 53" East 455.02 feet, to a proposed manhole at Station 86 + 10 of Pleasant Run interceptor Phase II, said point being the terminus of said easement.