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.