HomeMy Public PortalAbout05-28-1987 / J
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, MAY 28,1987
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session May 21, 1987 at
2 the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Silberstein presided with Mr. Brown and Mr.
3 Willis in attendance. Absent: None. The following business was had to-wit:
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5 UNSAFE BUILDING HEARINGS-1107 and 1111 Sheridan Street
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7 Ms. Silberstein announced the Unsafe Building Hearings would be delayed until the end of the Agenda to give
8 additional time for the owners to appear at the hearing.
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10 APPROVAL OF MINUTES OF MAY 21,1987
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12 Mr. Brown moved to approve the minutes of the previous meeting as prepared, seconded by Mr. Willis and on
13 unanimous voice vote the motion was carried.
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15 APPROVAL OF CLAIMS FOR PAYMENT
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17 Mr. Brown moved to approve claims for payment in the amount of 37,827.32, seconded by Mr. Willis and on
18 unanimous voice vote the motion was carried.
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20 PUBLIC REQUESTS AND COMMENTS
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22 Curb Cut Request-236 South 31st Street
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24 The request of Phil Jenkins, contractor for Mr. Robert McGraw, for a curb cut at 236 South 31st Street was
25 presented to the Board.
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27 Captain Williams informed the Board he had no problems with the request and recommended approval.
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29 Mr. Bronston stated the Planning Department had reviewed the request and they have no objection. Mr.
30 Bronston did explain the contractor had neglected to apply prior to starting construction and the driveway was in
31 place with a gravel base and the structure was completed.
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33 Mr. Willis stated he had heard from the adjoining property owners regarding a complaint on a sewer line running
34 parallel with the driveway, but felt this was a civil matter. Mr.Willis indicated he felt an easement would solve the
35 problem with access to the sewer and he would be willing to assist with any easement.
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37 Mr. Louis Kluse of 811 South 20th, son of Mrs. McGraw, informed the Board they were willing to grant an
38 easement to the adjoining property owner for repair purposes only with the adjoining owner being responsible for
39 any necessary repairs to the property.
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41 Mrs. Margaret McGraw explained the background of the two lots and how the sewer was put in place prior to the
42 lots being divided and sold. She stated,there was also a clean out area to the sewer she would make available to
43 the adjoining property owner.
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45 Mr. Robert McGraw informed the Board that he might like to consider making a circle drive in the future.
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47 Mr.Willis said he had no problems with the permit and the easement rights would solve the problem.
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49 Ms. Silberstein commented on only one (1) foot being between the property lines and stated she hoped they
50 were very certain of the property lines.
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52 Mrs. McGraw stated Mr.John Beals had surveyed the property.
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54 Mr.Willis moved to approve and execute the Driveway and Curb Cut Petition at 236 South 31st Street,seconded
55 by Mr.Brown and on unanimous voice vote the motion was carried.
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57 Curb Cut Request-1590 Capri Lane
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59 The request of Mr. Doug Jones for a curb cut at 1590 Capri Lane was presented to the Board.
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61 The request has been reviewed by Traffic, Planning and Engineering and all recommend approval.
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63 Mr. Willis moved to approve and execute the Driveway and Curb Cut Petition at 1590 Capri Lane, seconded by
64 Mr. Brown and on unanimous voice vote the motion was carried.
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Board of Works Minutes Cont'd
May 28, 1987
Page 2
1 Comments on Activities at Sugar Shack-Henry Baker
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3 Mr. Henry Baker of 805 North 16th Street spoke to the Board regarding the alleged nuisances at the Sugar
4 Shack. Mr. Baker, owner of the Sugar Shack, informed the Board that there are no noises coming from the
5 Sugar Shack and that officers do not hear noise when responding to complaints. He said they would surely have
6 been cited by the officers if they were in violation of any noise ordinances.
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8 Ms. Silberstein asked if the Sugar Shack was a business establishment and Mr. Baker indicated it was a private
9 club that he rents outs and has open on some occasions after 12:00 midnight. Mr. Baker explained that he does
10 not allow persons in under age 21 and he does not serve alcohol.
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12 Mr. Willis inquired about the zoning and Mr. Bronston stated it was zoned commercial and can be used for
13 restaurant, rental, night club, bar, etc.
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15 Mr. Baker stated he also lives upstairs most of the time.
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17 Mr. Willis informed Mr. Baker that the Board had received complaints on alcohol and the conduct of persons
18 leaving the establishment and Mr. Baker stated that sometimes persons coming in have alcohol and drinks are
19 provided for private parties.
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21 Mr. Willis commented on the nebulous type of business being operated and Mr. Barden indicated that is the
22 business is a problem and the parties are a nuisance,the parties can be shut down.
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24 Mr. Baker informed the Board that it was not his job to patrol the parking lots around the area and Mr. Barden
25 informed Mr. Baker that with private parties he could be responsible for the persons attending.
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27 Mr. Baker said the Sugar Shack was not the only business in the area and that an American Legion was located
28 next door.
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30 Mr.Willis.indicated that it was possible with the confusion in the operation of his business, he might be getting
31 the brunt of the complaints, since the residents felt other businesses controlled their patrons better.
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33 Mr. Baker said he was only speaking to the Board regarding the noise complaint and there was no noise or fights
34 at his place.
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36 Mr. Brown asked how far the parking lots were from the Sugar Shack and Mr. Bronston explained the location in
37 comparison to vacant lots on the corner of North 8th and D.
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39 Ms. Silberstein commented that noise checks might have to be conducted independent of complaints.
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41 Mr. Barden commented there were crowds of persons in the street area and it was not possible to associate
42 them with any business.
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44 Ms. Silberstein asked what authority the City has to regulate business hours and commented it was not
45 necessary to have persons in the streets all night.
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47 Mr. Barden explained that with a liquor permit, establishments must close at 3:00 A.M. and the City did have a
48 law controlling dance halls, which has been repealed since it was not realistic. Mr. Barden stated the Common
49 Council could control the hours on dance halls if it was necessary.
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51 Mr. Willis asked about permits and state laws regarding businesses and Mr. Barden said if they were selling
52 alcohol as an ongoing business,they needed a license.
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54 Mr. Brown asked who owned the vacant lots and parking lots in the area and Mr. Bronston said that Mr. Bob
55 Hudson owned one of the vacant lots and they are all private properties.
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57 Ms. Silberstein indicated she felt there was still a problem in the area when 28 persons present a petition to the
58 Board regarding the activities.
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60 Mr.Willis stated the Board does want to remedy the problems for the neighbors.
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62 Mr. Baker said he talked with Mr. Albert Howell, one of the petitioners, and showed him the noise was not from
63 the Sugar Shack, but from the lots in the area.
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65 Ms. Silberstein commented there seemed to be two means of control, one would be an ordinance controlling
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Board of Works Minutes Cont'd
May 28, 1987
Page 3
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1 closing times and another would be spot enforcement and monitoring of the situation.
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3 Residential Handicapped Parking-210 Richmond Avenue
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5 The request of Velma Brown of 210 Richmond Avenue for a residential handicapped parking designation was
6 presented to the Board.
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8 Captain Williams informed the Board the request met all the guidelines and he recommended approval.
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10 Mr. Brown moved to approve a request for a residential handicapped parking space at 210 Richmond Avenue,
11 seconded by Mr.Willis and on unanimous voice vote the motion was carried.
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13 TABLED ITEMS
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15 Temporary Street Closing-900 Block of North 11th Street
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17 The request of Lucinda Wright to temporarily close the 900 Block of North 11th on May 30, 1987 from 1:00 PM to
18 10:00 PM was returned for action. Ms. Wright had contacted all residents of the block and they were all in
19 agreement with the Wright's having a block party.
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21 Mr. Willis moved to approve the temporary closing of the 900 Block of North 11th Street on May 30, 1987 from
22 1:00 P.M.to 10:00 P.M.,seconded by Mr. Brown and on unanimous voice vote the motion was carried.
23
24 DEPARTMENT REQUESTS AND COMMENTS
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26 FIRE DEPARTMENT
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28 Request to Burn Properties for Training
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30 Chief Trotter requested permission from the Board of Public Works and Safety to burn the following properties
31 for training purposes: 602 North 12th Street, 604 North 12th Street and 120 S.W. 3rd Street. He informed the
32 Board he had applied to the Indiana Department of Environmental Management for permission to burn for
33 education purposes.
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35 Chief Trotter stated the City has requested the burning of the properties on North 12th Street and a Church
36 requested the house on S.W.3rd be burned.
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38 Mr.Willis asked who would be responsible for clean up and Mr. Bronston stated the owners would be required to
39 clean up any debris within ten (10)to fifteen (15)days.
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41 Ms. Silberstein stated she would like to have a release from the owners to burn the building and to agree to the
42 clean up in writing.
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44 Mr. Bronston informed the Board that 602 North 12th was an unsafe structure and 604 North 12th was pending.
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46 Ms. Silberstein stated that 604 would need the owner commitment.
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48 Mr.Willis asked if the Board could approve the request and them proceed administratively with the consent.
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50 Ms. Silberstein suggested the Board table the item for two (2)weeks for any public input or objections to be filed
51 and then take action.
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53 Mr.Willis moved to table the request to burn properties for training to June 11, 1987,seconded by Mr. Brown and
54 on unanimous voice vote the motion was carried.
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56 Mr. Barden added that the State will also check with residents as part of their investigation for approval of the
57 request.
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59 Request to Approve Additional Fire Hydrants
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61 Chief Trotter presented a request for additional hydrants at the following locations:
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63 1. Forest Hills Blvd.and Cantebury Trail in Meadow Park Subdivision, Section IV.
64 2. Cantebury Trail and designated future street in Meadow Park Subdivision, Section IV.
65 3. End of Hunters Pointe Drive, Hunters Pointe Subdivision, Section III.
Board of Works Minutes Cont'd
May 28, 1987
Page 4
1 4. Pheasant Run and Mallard Court in Hunters Pointe Subdivision, Section III.
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3 Ms. Silberstein explained the additional cost to the City is for water costs.
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5 Mr.Willis moved to approve the placement of hydrants as previously designated,seconded by Mr. Brown and on
6 unanimous voice vote the motion was carried.
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8 PLANNING PERMITS AND INSPECTIONS
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10 Report on Accessory Building at 419 South 4th Street
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12 Mr. Bronston reported to the Board that the accessory building belonging to Mr. Hyde at 419 South 4th Street
13 now had supports on the walls and repairs would be completed by the end of the summer.
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15 Report on 202 North 15th Street
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17 Mr. Bronston reported to the Board that the he had not heard back from James Auto Theatre, Inc, owner of the
18 Property and that no repairs have started at this location. Mr. Bronston stated that he had been assured by Mr.
19 Robert Hudson that repairs would be started in a timely fashion, but they have not been.
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21 Report on Weeds and Inoperable Vehicles
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23 Ms. Dana Lewis reported to the Board that she had sent 105 letters on weeds and the City had only needed to
24 contract cutting on 24 of the properties.
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26 Ms. Lewis also stated she had sent 58 letters on inoperable vehicles and that 35 had been removed and 10
27 complaints were on the agenda to be filed for hearing dates.
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29 Mr. Bronston requested the Board set hearing dates on the following inoperable vehicles: 315 South 11th
30 Street, 317 South 11th Street, 624 North 9th Street, 913 North 16th Street, 1441 Ratliff Street, 1214 Boyer
31 Street, 1114 Green Street, 1445 Harris Street, 1216 Boyer Street, and 1110 Crosshall Street.
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33 Mr. Willis moved to set June 18, 1987 at 9:00 A.M. as the date and time for Inoperable Vehicle Hearings as
34 requested,seconded by Mr. Brown and on unanimous voice vote the motion was carried.
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36 1 East Main Status
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38 Mr. Willis asked about the status of 1 East Main as an unsafe structure and Mr. Bronston stated he preferred not
39 to return it to the agenda until after rezoning action has been taken since the petitioner had indicated they would
40 cause the removal of the structure if the rezoning petition was successful.
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42 MISCELLANEOUS BUSINESS
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44 CONSENT TO ASSIGNMENT-CLEARVIEW CABLE TV
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46 Ms. Silberstein read the following memo from the Richmond Telecommunications Council:
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48 The Richmond Telecommunications Council, at its meeting of May 12, 1987, unanimously voted to
49 recommend to the Board of Public Works ad Safety that the Consent to Assignment between joint
50 venturers of Clearview Cable TV be approved and executed and Clearview Cable TV be released from
51 the default issue concerning assignment and consent.
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53 Ms. Silberstein stated that the matter dealt with an issue of default with the Franchise Agreement due to a lack of
54 formal consent from the Board when ownership of Clearview was transferred.
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56 Ms. Silberstein stated after the Consent to Assignment is approved and executed, Reeveston will be the only
57 default issue remaining.
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59 Mr. Brown moved to approve and execute the Consent to Assignment between the City of Richmond, Indiana
60 and joint venturers, Wayne County CATV, Inc., an Indiana corporation, and Plains-Indiana, Inc., an Indiana
61 corporation and to release Clearview Cable from default, seconded by Mr. Willis and on unanimous voice vote
62 the motion was carried.
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Board of Works Minutes Cont'd '
May 28, 1987
Page 5
1 UNSAFE BUILDING HEARINGS
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3 1107 and 1111 Sheridan Street
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5 Mr. Bronston explained to the Board the structures were separately owned by a husband and wife.
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7 1107 Sheridan Street
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9 Ms. Silberstein opened an Unsafe Building Hearing pursuant to an Order issued on May 1, 1987 to Mervin
10 Sheets of 1107 Sheridan Street on an unsafe premises located at 1107 Sheridan Street. The order stated the
11 following action be accomplished with regard to the property: Wreck dwelling, accessory and outhouse and
12 remove all building materials and debris within thirty days of receipt of the Order.
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14 Ms. Silberstein requested Proof of Notification to the owner of the hearing.
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16 Mr. Bronston presented return receipt certified mail and upon examination, Mr. Barden found it to be in order.
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18 Mr. Brown moved to accept and file the Proof of Notification, seconded by Mr. Willis and on unanimous voice
19 vote the motion was carried.
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21 The Clerk administered the Oath to give testimony to Mr. Bronston.
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23 Mr. Bronston informed the Board that he has not yet obtained a structural condition report on the property,since
24 it is secured and he had not gained entry. He said the structure had been vacant for 2 1/2 years and was a fire
25 hazard. Mr. Bronston indicated there has been no maintenance on the structure,the guttering and downspouts
26 are falling down and there is a hole in the roof and also much vegetation and debris is in the rear along with an
27 outhouse and accessory building that need demolished.
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29 Mr. Bronston showed slides of both structures to the Board in order they might better see the conditions of the
30 properties.
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32 1111 Sheridan Street
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34 In order to accomodate Mr. Bronston's presentation, Ms. Silberstein opened an Unsafe Building Hearing
35 pursuant to an order issued on May 1, 1987 to Diane Bates of 1111 Sheridan Street. The Order stated the
36 following action be accomplised: Wreck dwelling and accessory building and remove all building material and
37 debris within thirty (30) days of receipt of the Order.
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39 Ms. Silberstein requested Proof of Notification of owner of hearing.
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41 Mr. Bronston informed the Board that certified mail had been returned unclaimed, but a legal notice had been
42 properly advertised.
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44 Mr. Barden examined the Proof of Publication and found it to be in order. Mr. Brown moved to accept and file the
45 Proof of Publication,seconded by Mr.Willis and on unanimous voice vote the motion was carried.
46
47 Mr. Bronston, still being under oath, informed the Board that the structure at 1111 Sheridan Street had been
48 vacant the last ten (10) years. He said he has been unable to do an inspection, but feels there is also interior
49 damage and electrical problems. He said the electrical meter had been removed and there was an accessory
50 building needing to be removed along with debris.
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52 Mr. Bronston requested the Board of Works recommend an interior inspection be completed on both properties.
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54 Ms. Silberstein asked if Mr. Bronston preferred the Board not take formal action without an inspection and Mr.
55 Bronston stated he would like to inspect the interiors before having the structures demolished. He added that
56 the accessory buildings could be removed immediately.
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58 Ms. Silberstein asked if the Order could be modified to include the removal of all debris and Mr. Bronston stated
59 it could.
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61 Mr.Willis added that these particular property owners have not been cooperative with the Board on past matters
62 and he felt Mr. Bronston should gain Court entry immediately.
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64 Ms.Silberstein gave opportunity for any one in support of the Order to speak.
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Board of Works Minutes Cont'd
May 28, 1987
Page 6
1 City Clerk, Mary Merchanthouse requested the Board to expedite the matters since she had been involved in
2 many of the complaints in this area and properties such as these were causing other property values to go down
3 and persons to sell their homes in the area.
4
5 Mr. Willis suggested the provisions of the Litter Ordinance be used immediately to assist in cleaning up the
6 debris in the yards.
7
8 Mr.Willis moved to continue the Unsafe Building Hearings on 1107 and 1111 Sheridan Street to June 11, 1987 at
9 9:00 A.M. for interior inspection to be made, seconded by Mr. Brown and on unanimous voice vote the motion
10 was carried.
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12 Mr. Bronston also commented on an unsafe property with the property owner being elderly and having to deal wit
13 an our of city relative. Mr. Bronston stated that an order was issued to repair the property and it has expired
14 without repairs being completed and he needed some directive from the Board. He added the property is listed
15 for sale and he has dealt with the individual several other times.
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17 Mr.Willis stated that was an advantage of making persons post a bond on the repairs. He also stated the Board
18 would not tolerate vacant structures.
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20 Ms. Silberstein asked about possibly getting a power of attorney appointed for local level assistance on the
21 unsafe structures.
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23 ADJOURNMENT
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25 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned.
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32 Susan Silberstein, President
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36 ATTEST:
37 Mary Merchanthouse,City Clerk
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