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