HomeMy Public PortalAbout03-22-1990 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND. INDIANA. MARCH 22, 1990
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session March 22, 1990
2 at the hour of 9:00 A.M. in the Municipal Building in said City. Ms. McFarland presided with Mr. Smith in
3 attendance. Absent: Ms. Hauptstueck. Media in attendance: Palladium Item, WHON/WQLK and
4 WKBV/WFMG. The following business was had to-wit:
5
6 APPROVAL OF MINUTES OF MARCH 15.1990 •
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8 Mr. Smith moved to approve the minutes of the previous meeting as prepared, seconded by Ms. Hauptstueck
9 and on unanimous voice vote the motion was carried.
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11 APPROVAL OF CLAIMS FOR PAYMENT
12 .
13 Mr. Smith moved to approve claims in the amount of 1,614,192.16, seconded by Ms. McFarland and on
14 unanimous voice vote the motion was carried.
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16 TABLED ITEMS
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18 Change in Parking on North C Street Denied
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20 Ms. McFarland stated that the members of the Board and the Traffic Division had looked at the area between
21 9th and 16th on North C Street regarding the request by the Richmond Sanitary District to relocate the parking
22 from the North side to the South side and asked for comments by Captain Williams.
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24 Captain Ron Williams told the Board that as far as a safety factor there were no problems with the request, but it
25 would making parking more awkward and out of pattern with the rest of the city. He told the Board he also had
26 concerns about the dumpsters being placed in front of the houses and felt there might be a health hazard
27 especially in the summer.
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29 Mr. Smith stated that most people in the area were not in favor of the containers in front of the homes, but are
30 willing to carry their trash to the alleys. He said he felt it would be an eyesore nd would not help property values
31 in the area.
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33 Speaking against the proposal was Ms. Rose Fester of 1521 North C Street. Ms. Fesler expressed her
34 concerns over no curbs on the south side and if people would park there they would park in the yards. She also
35 noted that there is an apartment house next to her with no dumpster and one is needed rather than the cans.
36 She informed the Board that she carries her trash to the alley.
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38 Mr. Smith moved to deny the change in parking on North C Street, seconded by Ms. McFarland and on
39 unanimous voice vote the motion was carried.
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41 Mr. Smith said he would pass along the information regarding the apartment house at 1525 North C to Mr.Willis.
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43 PUBLIC REQUESTS AND COMMENT
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45 None were presented.
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47 DEPARTMENT REQUESTS AND COMMENTS
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49 Richmond Sanitary District
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51 Police Department
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53 Resignation of Patrolman Ronnie Crane
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55 Chief Joseph Nimitz read the following letters:
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57 Dear Board Members:
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59 Attached please find a copy of the letter of resignation from Patrolman Ronnie Crane, effective March
60 23, 1990.
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62 Officer Crane's resignation is due to moving out of the State of Indiana and accepting other
63 employment.
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65 I recommend acceptance of Officer Crane's resignation from the Richmond Police Department.
/s/Joseph Nimitz, Chief of Police
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Board of Works Minutes Cont'd
March 22, 1990
Page 2
1 I, Officer Ronnie Crane, wish to submit my resignation as a member of the Richmond, Indiana Police
2 Department due to moving out of the state for another employment. I wish this resignation to become
3 effective, March 23, 1990.
4
5 I have enjoyed my time with the Richmond Police Department and I wish the Department and all it's
6 members the best of luck.
7
8 /s/Ronnie Crane
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10 Chief Nimitz added that Mr. Crane was a good officer and it is a lose to the Department.
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12 Mr. Smith moved to accept the resignation of Patrolman Ronnie Crane, effective March 23, 1990, seconded by
13 Ms. McFarland and on unanimous voice vote the motion was carried.
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15 Chief Nimitz also announced he had received the resignation of civilian employee Daryl Stephenson, mechanic,
16 effective March 25, 1990.
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18 LAW OFFICE
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20 Assignment of Contract for Phase II of Downtown Renovation Project and NW 16th Extension
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22 Mr. Bruce Metzger explained to the Board that the City and Stone Valley Paving had entered into a contract for
23 Phase II of the Downtown Renovation Project and the extension of NW 16th Street and now Stone Valley has
24 been purchased by Barrett Paving Materials, Inc. Mr. Metzger stated that Barrett is essentially the same
25 company and have agreed to perform all obligations of Stone Valley. He recommended that the City execute the
26 assignment of contract to Barrett Paving for both Phase II of the Downtown Project and the NW 16th Extension.
27
28 Mr. Smith moved to approve and execute an Assignment of Contract between the City of Richmond and Barrett
29 Paving Materials, Inc. for Phase II of the Downtown Renovation Project and the Extension of NW 16th Street,
30 seconded by Ms. McFarland and on unanimous voice vote the motion was carried.
31
32 PLANNING. PERMITS AND INSPECTION
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34 Monthly Report-Weights and Measures Division
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36 Monthly Reports for the Division of Weights and Measures for October of 1989 through February 1990 were filed
37 with the Board.
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39 There being no discussion, Mr. Smith moved to accept the file the Monthly Reports of the Division of Weights
40 and Measures,seconded by Ms. McFarland and on unanimous voice vote the motion was carried.
41
42 UNSAFE BUILDING HEARING CONT'D
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44 11.13.15 North 10th Street
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46 Ms. McFarland opened a continuation of an Unsafe Building Hearing on property located at 11,13,15 North 10th
47 Street. The hearing had been continued in order that the attorney representing Mr. Brandenburg, owner of
48 record could be in attendance.
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50 Ms. Sarah Braxton informed the Board that the order had been issued on the property for certain repairs to be
51 completed. She said the order had been received on January 29, 1990 and the thirty days time had expired.
52 She said that the hearing had been continued in order for an explanation of Mr. Brandenberg's situation with the
53 property since the Planning Department looks to the recorded owner of property as the responsible party.
54
55 Mr. Steve Hunyadi, Attorney at Law, representing Mr. William Brandenberg, informed the Board that Mr.
56 Brandenberg was the recorded owner, but had sold the property on contract to Mr. Marc Jaffee as part of a real
57 estate corporation and that the contract had since been assigned to William and Terri Sellkirk. He said the
58 Sellkirk's have now divorced and Mr. Sellkirk has filed bankruptcy leaving the property under the ownership of
59 Terri Sellkirk.
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61 Mr. Hunyadi told the Board he had spoken with Ms. Sellkirk's attorney, Mr. Federico, and was told that she would
62 be making the improvements to the property, but had not given a time for this to be accomplished. Mr. Hunyadi
63 admitted to the Board that no improvements had been made to date and that the delays were due to the divorce,
64 bankruptcy and these have also held default action by Mr. Brandenberg in abeyance. He felt the City could
65 make the improvements and file a lien against the property.
v7 -5
Board of Works Minutes Cont'd
March 22, 1990
Page 3
1 Ms. McFarland asked the opinion of Mr. Metzger and Mr. Metzger indicated that if Ms. Sellkirk is interested in
2 3
making the repairs, she is the equitable owner and would have the responsibility. He said the Board should look
to her and if the City would make the repairs a lien could be placed against the property.
4
5 Mr. Hunyadi told the Board that a lien against the property was more preferable to his client that one against all
6 the real property. He explained that when an equitable interest is paid off the legal interest would be transferred
7 - and the contract seller made it clear that he preferred a money judgement rather than to take the building back.
8
9 Mr. Dan Dooley, Planning Director, told the Board there were three options for this property. He said if Ms.
10 Sellkirk is serious about making the repairs the Board could modify the order for an additional thirty days or the
11 Board could affirm the order and the City could hire a contractor to do the repairs or Mr. Metzger could prepare
12 the paper work to file in Court to seek injunctive relief to require the work to be done.
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14 Mr. Dooley stated that the Planning Department did not make a practice of repairing buildings and placing a
15 judgement be placed on the property.
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17 Ms. McFarland stressed that the main concern of the Board now was the shutters and windows blowing open
18 and causing glass to be broken and falling to the area below. She added that when Ms. Sellkirk met with the
19 Board, she was under the impression that Ms. Sellkirk did not want the property and was trying to get out from
20 under it.
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22 Mr. Smith agreed that the windows needed to be secured to keep broken glass off the sidewalks and that the
23 entry way needed repaired to keep it from being open since it was an attractive nuisance being open like it was.
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25 Mr. Smith also agreed with Ms. McFarland that Ms. Sellkirk had left the impression with the Board that she did
26 not have the money to make the repairs and was at loose ends as to what to do with the property.
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28 Mr. Dooley said that Ms. Sellkirk had spoken with Ms. Leas about rental rehab several weeks ago, but had made
29 no application or shown further interest.
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31 Ms. McFarland asked if the Board extended the repair time for thirty days could Planning get the windows and
32 door repaired and Mr. Dooley indicated the Board would have to modify the order to specify the exact repairs.
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34 Mr. Smith said he felt the repairs would make the area safer for the public and eliminate potential for serious
35 problems with the front entry open.
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37 Ms. McFarland stressed the Board was not asking repairs be made to the building, only that the windows be
38 secured in order they would not blow open breaking glass and the front entry be fixed.
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40 Mr. Hunyadi suggested a notice might be sent to all parties involved of action that the Board takes and possibly
41 that might speed things along.
42
43 Mr. Dooley suggested the order could be modified to start repairs within thirty days of today for the electrical and
44 plumbing repairs and the Planning Department could contract to get the windows secured and the front entrance
45 repaired.
46
47 Mr. Smith moved to modify the Order on unsafe premises located at 11,13,15 North 10th Street for repairs to
48 bring the electrical and plumbing systems to meet housing and building code to begin within thirty days of March
49 22, 1990 and for the Planning Department to immediately secure windows and repair the front door, seconded
50 by Ms. McFarland and on unanimous voice vote the motion was carried.
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52 1811 NORTH E STREET
53
54 Ms. McFarland opened an Unsafe Building Hearing on property located at 1811 North E Street pursuant to an
55 order issued to John Cornelius for the repair of the unsafe building in compliance with the City of Richmond's
56 Housing and Building Code, with substantial beginning made on accomplishing the repair work within 60 days of
57 receipt of the order and the repair work completed within 180 days of receipt of the order or if work has not
58 commenced within 60 days of receipt of the order the building is to be demolished within 61 days of receipt.
59
60 Mr. Dooley presented the Proof of Notification of the hearing as a return receipt certified mail dated February 9,
61 1990. Mr. Smith moved to accept and file the Proof of Notification, seconded by Ms. McFarland and on
62 unanimous voice vote the motion was carried.
63
64 Mr. Dooley informed the Board that the building was secured, but had been vacant for some time and there had
65 been a fire in the building in 1983. Mr. Dooley did say it appeared that the building had been occupied after the
fire with no repairs having been made.
Board of Works
March 22, 1990
Page4
1 Speaking as a party with a financial interest, Mr. Tyrone Daniel Anthony, contract purchaser, told the Board he
2 was in the process of making repairs and hoped they could be completed by next week except for the painting.
3 Mr. Anthony said he had repair estimates done in February and started cleaning up the property on the 19th of
4 February and they are now laying rugs.
5
6 Mr. Dooley told the Board that the upstairs had been damaged by the fire and would need new plumbing in the
7 bathroom and the downstairs was in tact, but there was debris left there. He said the 100 AMP service pane
8 was fine.
9
10 Mr.Anthony told the Board that he had replaced a water heater, but has not yet turned on the gas.
11
12 Mr. Dooley said he would need to have a contractor service the furnace and see if it is operable.
13
14 Ms. McFarland asked Mr. Anthony if he would have problems meeting the order and Mr. Anthony said that
15 except for completing the clean up and the painting he felt he could be finished next week and would paint this
16 summer nd work on the porch according to his available finances.
17
18 Mr. Dooley informed the Board that the exterior painting was in such condition as to cause problems with
19 preserving the house and would fall under the housing code.
20
21 Ms. McFarland told Mr.Anthony the order allowed him until August to complete the work.
22
23 Mr. Smith moved to affirm the Unsafe Building Order issued on premises located at 1811 North E Street,
24 seconded by Ms. McFarland and on unanimous voice vote the motion was carried.
25
26 The Board ask Mr.Anthony to stay in touch with the Planning Department and he should clarify details with them
27 after the meeting today.
28
29 UNSAFE ACCESSORY BUILDING HEARINGS
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31 Mr. Dooley presented a publishers claim for the legal advertisement for the Notice of Hearing on Unsafe
32 Accessory Buildings located at 509 North 17th,727 South 8th, 113/115 South 4th and 211 South 6th.
33
34 Mr. Smith moved to accept and file the Proof of Notification of Hearing, seconded by Ms. McFarland and on
35 unanimous voice vote the motion was carried.
36
37 509 North 17th Street
38
39 The property belongs to Clyde and Dorothy Morris % Paul Lewis and the order was to wreck unsafe garage
40 within 30 days of March 12, 1990.
41
42 Mr. Dooley recommended the order be affirmed.
43
44 Mr. Smith moved to affirm the order to wreck the unsafe accessory building located at 509 North 17th Street,
45 seconded by Ms. McFarland and on unanimous voice vote the motion was carried.
46
47 727 South 8th Street
48
49 The property belongs to Roy and Roberta Chenault and the order was to wreck unsafe garage. Mr. Dooley
50 informed the Board that a return receipt certified mail had also been received on this hearing on February 12,
51 1990 and the time for wrecking the garage had expired.
52
53 Mr. Dooley recommended the order be affirmed since they had not heard from the owners
54
55 Mr. Smith moved to affirm the order to wreck the unsafe accessory building located at 727 South 8th Street,
56 seconded by Ms. McFarland and on unanimous voice vote the motion was carried.
57
58 113/115 South 4th Street
59
60 Mr. Dooley reported that the building had been removed.
61
62 211 South 6th Street
63
64 The property belongs to Raymond and Ethel Davis and the order was to wreck or repair the unsafe accessory
65 building within thirty days of March 12, 1990.
aa7
Board of Works Minutes Cont'd
March 22, 1990
Page 5
1 Mr. Dooley recommended the order be affirmed.
2
3 Mr. Smith moved to affirm the order to wreck or repair the unsafe accessory building located at 211 South 6th
4 Street within thirty days of March 12, 1990, seconded by Ms. McFarland and on unanimous voice vote the
5 motion was carried.
6
7 ADJOURNMENT
8
9 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned.
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15 Janet McFarland, Vice President
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20 ATTEST:
21 Mary Merchanthouse,City Clerk
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