Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES January 24, 2012 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, January 24, 2012 at 9:00 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Norm Childress, Ron Shriner and Tilara McDonald-Treece. Ed Chosnek, City Attorney, was also present. President Henriott called the meeting to order. The Pledge of Allegiance was given to the flag of our Country. MINUTES Mrs. Murray moved for approval of the minutes from the January 17, 2012 regular meeting. Mrs. McDonald-Treece seconded. Passed. NEW BUSINESS Engineering Acceptance for Maintenance-Chatham Square Planned Development Bob Foley, Engineering, presented to the Board and recommended approval of an Acceptance for Maintenance for Chatham Square Planned Development. The developer would seek reacceptance when the final surface course of asphalt was installed with required 3-year maintenance period and the developer would continue to be responsible for snow removal until final acceptance. Mr. Shriner moved for approval. Mr. Childress seconded. Passed. LPA Consulting Contract with H. Stewart Kline & Associates President Henriott stated that this item will be tabled. Mrs. Murray moved to table this item. Mr. Shriner seconded. Tabled. Purchasing Declaration of Surplus Property-Police Department Rick Morrissey, Purchasing Manager, presented to the Board and recommended approval of a Declaration of Surplus Property for a 1987 Ford Econoline 350 Vin# 1FDKE30L3GHC25638. The vehicle is out of service and is of no use to the Police Department. Mr. Childress moved for approval. Mrs. McDonald- Treece seconded. Passed. Board of Public Works and Safety January 24, 2012 Page 2 Legal Counsel Storm Water User Fee Dispute Mr. Chosnek stated that there is a stormwater appeal from Joe Richardson pursuant to the City of Lafayette Stormwater Program Policies and Procedure Manual that provides that an individual that is a non-residential property owner by determination of the Engineering’s Office, that Mr. Richardson has been assigned multiple Equivalent Residential Units (ERU), can appeal to the Engineering Office. Mr. Chosnek stated that Mr. Richardson has appealed to the Engineering Office. The Engineering Office has reviewed Mr. Richardson’s file and affirmed the fact that it was appropriate for the property to be deemed a non-residential property. Mr. Chosnek stated that the property has 12,212.4 square feet of impervious surface. The average impervious area on a residential property is 3,200 square feet. Mr. Chosnek stated that Mr. Richardson has this opportunity to state his appeal. Joe Richardson, 3555 McCarty Lane, stated that his property should not be classified as non-residential under the City of Lafayette Stormwater Code: a residential property is defined as a parcel of property containing a single building or structure intended for sleeping purposes and containing not more than two dwelling units. Mr. Richardson stated that there is only one structure on the property that is considered a dwelling, a four-car garage and storage shed behind it. Mr. Richardson stated that he was told by the Engineering Office that the property was deemed non-residential because it (the property) has more than one out building. Mr. Chosnek proceeded to ask Mr. Richardson several questions relating to the use of the property. Mr. Richardson stated that he property is zoned I3 (Industrial) and uses the property for residential purposes only. Mr. Richardson stated that the two garages each measure 30X40 and the shed measures 32X52. Mr. Chosnek stated that under the Stormwater Program Policies and Procedure Manual has a provision that states that a property or parcel containing both residential and commercial structures will be considered non-residential for assessment purposes. Mr. Chosnek stated that in Mr. Richardson’s case his buildings including his residence and other impervious areas are four times that of a standard ERU. The fact that Mr. Richardson chooses to use the property as residential only but it can be used for commercial/industrial purposes does not give Mr. Richardson the exemption because the impervious area that is causing the additional run-off is there whether he uses it just as a residence or not. Dave Griffee, Assistant Engineer, stated that he supervises the Stormwater Program Policies and Procedures along with any disputes. Mr. Griffee stated that he drove by the site, evaluated the aerial photography along with the information from the Utility Billing Office. Mr. Griffee stated that his recommendation is based on the combination of the number of structures, the size of the structures, the zoning of the parcels and the amount of impervious surface to help him determine that the property be deemed non-residential. Mr. Griffee stated that the impervious area that is noted includes the two buildings, the paved area and the home on the property. Discussion ensued. Mr. Griffee stated that the stormwater fee assessed against Mr. Richardson in 2011 using the non-residential classification was $229.20. The stormwater fee if the property were to be classified as residential would be $60.00 per year. Mr. Childress moved to deny the appeal. Mrs. Murray seconded. Denied. CLAIMS Mike Jones, Controller, presented for Board approval, Claims in the amount of $998,646.57. Mr. Childress moved for approval. Mrs. McDonald-Treece seconded. Passed. PUBLIC COMMENT There being no further business to come before the Board, President Henriott stated the meeting was adjourned. Board of Public Works and Safety January 24, 2012 Page 3 Time: 9:21 a.m. BOARD OF PUBLIC WORKS AND SAFETY Gary Henriott s/s President ATTEST: Mindy Miller s/s Mindy Miller, 1st Deputy Clerk Minutes written by Mindy Miller, 1st Deputy Clerk *A digital audio recording of this meeting is available in the Lafayette City Clerk’s Office. The Engineering Office issued the following Building Permits for the week ending January 20, 2012.