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HomeMy Public PortalAbout02-18-1982 3 BOARD OF PUBLIC WORKS AND SAFETY. OF THE CITY OF RICHMOND, INDIANA, FEBRUARY 18, 1982 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met 2 in regular session February 18, 1982 at the hour of 9:00 a.m. . in the Municipal 3 Building in said City. Mr. Meredith presided with Mr. Cordell and Mr. Webb 4 present. The following business was had, to-wit: 5 6 APPROVAL •OF MINUTES OF FEBRUARY 11, 1982 7 II/ 8 Mr. Webb moved the minutes..of the previous meeting be approved as prepared 9 and placed on file, seconded by Mr. Cordell and on unanimous voice vote the 10 motion was .carried. 11 12 OPINION FROM CITY ATTORNEY REGARDING DRAINAGE IN THE BUCHHOLZ ADDITION 13 14 City Attorney Ed Anderson, at the request of the Board at their February 4 15 meeting, presented an opinion regarding drainage in the Buchholz Addition. 16 He noted the issue is "is the city of Richmond, Indiana responsible or liable 17 for a continuing drainage.. problem experienced by a residential subdivision of 18 the City when such problem has continued unabated since development of the 19 subdivision in 1967?" 20 21 He presented facts and noted under the ordinances controlling development of 22 Richmond subdivisions in the 1960's, the developer or subdivider of Buchholz 23 Addition had the obligation and responsibility to provide for the handling of 24 surface drainage by means of street grades, drainage swales or storm sewers. 25 Under the Tort Claims Act and Statute of Limitations the time has run out. 26 27 Mr. Anderson presented three (3) alternative remedies: (1) Property owners in 28 the subdivision could combine to form a group whereby the property owners 29 themselves would design, implement, construct and pay for the improvements 30 they desire, complying with applicable ordinances and statutory provisions. 31 (2) The Board of Works may issue an order to construct or improve the drainage. 32 (3) Common Council may petition the County Drainage Board, if Council has 111 33 determined that it wants to provide for the drainage of the land in the 34 Buchholz Addition. 35 36 Mr. Anderson gave the following conclusion: 37 38 CONCLUSION: 39 40 The City of Richmond has no affirmative duty or obligation to 41 initiate improvement or construction of drainage facilities with 42 respect to the Buchholz subdivision. Statutory procedures do 43 . exist, however, which would provide a method by which the present 44 problem could be relieved. (Additionally, both through 45 application of the Indiana Tort Claims:.Act and the applicable 46 statutes of limitation, the City of Richmond, is protected against 47 , any claim which might be submitted forthe present drainage 48 problem.) Such statutory relief would impose the cost of the 49 improvements on the property owners benefitted thereby. Should 50 the landowners be unable to compel the Board of Public Works to 51 initiate improvements under I.C. 36-9-28-1 et seq. , it will fall 52 upon the landowners themselves to convince Richmond Common 53 Council, under the provisions of the County Drainage Board Act, to 54 petition the County Drainage Board for the establishment of a new 55 regulated drain. 56 57 City Engineer Webb stated the opinion should be reviewed and discussed before 58 any action is taken. 59 60 Mr. Meredith continued the matter under advisement and requested Mr. Knight 61 stay after the meeting to discuss the opinion. 62 63 YWCA WALK FOR MEMBERSHIP REQUEST - Jo Faust 64 65 Ms. Jo Faust presented State Highway approval for a YMCA membership walk on Board of Works Minutes Cont'd. February 18, 1982 Page 2 1 Saturday, March 13 at 11:00. The walk should last 30 to 45 minutes with 50 2 to 100 walkers. Traffic Capt. Dan Wogoman stated there had been no problems 3 in the past and will furnish police escort. The walkers will start at the 7th 4 Street Municipal Parking Lot, go to 5th to South "A" to 9th and back to the Y. 5 6 Mr. Cordell moved to approve the YWCA walk for membership which will be held 7 March 13, 1982 at 11:00 a.m. , seconded by Mr. Webb and on unanimous voice vote 8 the motion was carried. 9 10 STATEMENT FROM MAYOR CLIFF DICKMAN CONCERNING LIMB REMOVAL 11 12 Mayor Dickman requested the public get their yard brush and limbs piled by 13 the street area so the Street Department trucks can pick them up. He noted 14 the City is in a state of disarray with tree limbs due to the recent ice 15 storm. The Mayor said the Transportation and Street Departments have been 16 trying to pick up some of the limbs in the last few weeks, but a more con- 17 centrated effort will be necessary. He proposed the week of March 1 for the 18 pickup and the regular trash collection to-be foregone for that one (1) week. 19 He suggested the public could help by chopping and condensing some of the 20 limbs. This is not in lieu of the regular clean-up to be held by the City 21 at a later date. 22 23 COMMUNITY DEVELOPMENT MORTGAGE RELEASE REQUEST Ron Cheek 24 25 Mr. Ron Cheek, Community Development, presented a satisfaction of mortgage on 26 the former residence of Addison Thompson at 201 South 3rd Street. It was a 27 loan from the Commonunity Development Department revolving loan fund for 28 rehabilitation work on that property. It has been sold and the loan paid in full. 29 30 City Attorney Anderson reviewed and found the satisfaction of mortgage in order. 31 32 Mr. Webb moved the subject mortgage release be executed, seconded by Mr. 33 Cordell and on unanimous voice vote the motion was carried. 34 35 WEIGHTS & MEASURES MONTHLY REPORT 3611/ 37 Mr. Webb moved the report be accepted and placed on file, seconded by Mr. 38 Cordell and on unanimous voice vote the motion was carried. 39 40 ADJOURNMENT 41 42 There being no further business the meeting was adjourned. 43 44 Donald E. Meredith 45 President 46 47 ATTEST: JoEllen Trimble 48 Clerk of the Board