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HomeMy Public PortalAbout12-04-1980 37 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, DECEMBER 4, 1980 1 The Board of Public Works and Safety 6f the City of Richmond, Indiana, met 2 in regular session December 4, 1980 at the hour of 9:00 a.m. in the Municipal 3 Building in said City. Mr. Meredith presided with Mr. Anderson and Mr. Webb 4 present. The following business was had, to-wit: 5 6 APPROVAL OF MINUTES OF NOVEMBER 26, 1980 7 8 Mr. Webb moved the minutes of the previous meeting be approved as prepared, 9 seconded by Mr. Anderson and on unanimous voice vote the motion was carried. 10 11 STATUS OF WESTCOTT HOTEL LOT 12 13 Mr. Frank Otto, representing Mr. Ferd Kurdys, stated Mr. Kurdys would like 14 to lease or sell the Westcott Hotel lot to the City. If this is not feasible, 15 Mr. Kurdys would like to know where the agreement signed in 1978 might stand 16 on the barriers to keep people off that lot. He noted that both the City 17 and Redevelopment have discussed the purchase of this property, which has 18 stopped the prospects of any one else purchasing it. City Plan Director 19 Bob Goodwin pointed nut there is a lot of parking on that lot and it is 20 not paved or improved. The barriers have been moved allowing it to be 21 accessible. It is being used without the permission of the owner. In response 22 to Mr. Anderson's question concerning Redevelopment being interested in the 23 property, Mr. Otto stated Redevelopment may be interested in purchasing the 24 property in a couple of years as they have been looking at an area between 25 10th and 12th and North and South "A". He noted the asking price for the 26 property is $145,000 and Mr. Kurdys would lease it in the meantime. Mr. 27 Meredith stated the City would not have funds available to purchase this. 28 Mr. Otto asked if there is no possibility of leasing or selling to the 29 City at this time, will the City stand by the agreement. Mr. Anderson 30 stated he thinks the City has an obligation to see that the agreement is 31 complied with. 32 33 Mr. Anderson moved that the President be directed to contact the head of 34 the Street Department for compliance with the agreement to see that said 35 barriers are replaced as originally placed, seconded by Mr. Webb and on 36 unanimous voice vote the motion was carried. 37 38 VACATION OF ALLEY FOR PRIMEX PLASTICS 39 40 City Plan Director Bob Goodwin read the following letter: 41 42 December 3, 1980 43 44 Mr. Donald Meredith, President 45 Members of the Board of Public Works and Safety 46 and Mrs. JoEllen Trimble, City Clerk 47 Municipal Building 48 Richmond, Indiana 47374 49 50 Re: PUD-80-2 51 Vacation of Public Alley 52 53 Dear Mr. Meredith, Members of the Board of Public Works and Safety 54 and Mrs. Trimble: 55 56 The Richmond City Plan Commission held a public hearing on Tuesday, 57 November 25, 1980, on a Declaratory Resolution vacating a certain 58 public alley at the request of Primex Plastics Corporation, 1235 59 North "F" Street, Richmond, Indiana. 60 61 Primex Plastics Corporation owns all the land adjoining the subject 62 public alley. An existing sanitary sewer, serving a railroad watch- 63 tower, is located within the subject alley. 64 65 During the public hearing, no one spoke in opposition to the re- 66 quested vacation. Board of Public Works and Safety Minutes Cont'd. December 4, 1980 Page 2 1 Therefore, the Plan Commission voted ten (10) to zero (0) to recommend 2 the request for vacation be granted, subject to an easement being granted 3 for the existing sanitary sewer and any future public utilities. 4 5 Respectfully submitted, 6 7 Robert B. Goodwin 8 Director, Department City Planning 9 10 Mr. Anderson stated the confirmatory resolution is prepared, however, it 11 does not include a recitation that it is subject to an existing sanitary 12 sewer and future public utilities. 13 14 Mr. Anderson moved to adopt the confirmatory resolution regarding Primex 15 Plastics by confirming the vacation vacating the alley and reserving all 16 easements as now exist or may come about as far as future public utilities, 17 seconded by Mr. Webb and on unanimous voice vote the motion was carried. 18 19 VACATION OF ALLEY BETWEEN NORTH 13th & 14th AND BETWEEN NORTH "H" & "J" 20 21 City Plan Director Bob Goodwin read the following letter: 22 23 December 3, 1980 24 25 Mr. Donald Meredith, President 26 Members of the Board of Public Works and Safety 27 and Mrs. JoEllen Trimble, City Clerk 28 Municipal Building 29 Richmond, Indiana 47374- 30 31 Re: PDP-80-1 32 Vacation of Public Alleys 33 34 Dear Mr. Meredith, Members of the Board of Public Works and Safety and 35 Mrs. Trimble: 36 37 The Richmond City Plan Commission conducted a public hearing on Tuesday, 38 November 25, 1980, on a Declaratory Resolution vacating certain public 39 alleys at the request of the Richmond Redevelopment Commision. 40 41 During the public hearing, the Redevelopment Commission requested that 42 their petition and the Declaratory Resolution be amended by extending 43 the vacation of the subject 12 foot wide alley nineteen feet north. No 44 one spoke in opposition to the requested vacations at the public hear- 45 ing. 46 47 Therefore, the Plan Commission voted ten (10) to zero (0) to recommend 48 the amended request for vacation be granted subject to a utility ease- 49 ment being granted for existing and future utilities. 50 51 Respectfully submitted, 52 53 DEPARTMENT CITY PLANNING 54 55 Robert B. Goodwin 56 Director 57 58 In answer to Mr. Meredith's question, Mr. Anderson stated that the confirmatory 59 resolution does not provide for easements. 60 61 Mr. Anderson moved to adopt the confirmatory resolution regarding these alleys 62 and that we add as the third clause not only that we confirm and ratify it but 63 that we now vacate it and that we also make the vacation subject to the per- 64 petual easement of private and public utilities over and along and under and 65 across said parcel of real estate being vacated, seconded by Mr. Webb and on 66 unanimous voice vote the motion was carried. Board of Public Works and Safety Minutes Cont'd. December 4, 1980 Page 3 1 REPORT ON POLICE AUCTION SET FOR SATURDAY, DECEMBER 6, 1980 2 3 Major Ron Chestnut reported the police auction will be held at the police 4 garage on Garden Avenue on Saturday December 6, 1980 at 10:00 a.m. The 5 articles have been held as prescribed by State Law. Numerous articles are 6 available and will be on display at 9:00 a.m. 7 8 PROMOTION OF REGULAR OFFICERS 9 10 Major Ron Chestnut read the following letter from Chief Chris: 11 12 December 4, 1980 13 15 Board of Public Works and Safety 16 Donald E. Meredith, President 17 18 Dear Board Members: 19 20 The following officers have been certified by the Richmond Police 21 Department Merit Commission for promotion to the acting ranks indicated: 22 23 Lt. Edward Bratton to Acting Captain 24 Sgt. Donald Ponder to Acting Lieutenant 25 Temp. Investigator John Ross to Acting Sergeant 26 Patrolman Larry Maples to Acting Sergeant 27 Temp. Investigator Denzel Williams to Acting Sergeant 28 Patrolman Gerald Matheny to Investigator 29 Patrolman Michael LaFuze to Investigator 30 Acting Sergeant Ron Pennington to Investigator 31 32 The following officers have been serving as Investigators on temporary 33 status under the Merit System and are promoted to investigators. 34 35 John Lantz 36 Jack Myers 37 Bobby Davidson 38 Todd Thompson 39 Dan McClure 40 Tom Cox 41 42 These promotions effective December 1, 1980. 43 44 Sincerely, 45 46 Charles R. Chris 47 Chief of Police 48 49 Mr. Webb moved that the subject request be approved, seconded by Mr. Anderson 50 and on unanimous voice vote the motion was carried. 51 52 APPOINTMENT OF RESERVE OFFICERS 53 54 Major Ron Chestnut read the following letter from Chief Chris: 55 56 December 4, 1980 57 58 Board of Public Works and Safety 59 Donald E. Meredith, President 60 61 Dear Board Members: 62 63 Recommend the following individuals be accepted as duly qualified 64 Richmond Police Department Reserve Officers and sworn as such. yd Board of Public Works and Safety Minutes Cont'd. December 4, 1980 Page 4 1 J. Scott Turner 2 Susan Murray 3 Gene Kelley 4 Larry Dalbey 5 Tom Skaggs 6 Jack Wilson 7 8 The above individuals have successfully completed the Reserve Training 9 program. As Richmond Police Department Reserve Officers they will have 10 full police powers within the boundaries of the City of Richmond and during 11 the 'hours of assignment as approved by the Chief of Police, City of Richmond. 12 13 Effective, December 4, 1980. 14 15 Sincerely, 16 17 Charles R. Chris 18 Chief of Police 19 20 Mr. Webb moved that the subject request be approved, seconded by Mr. Anderson 21 and on unanimous voice vote the motion was carried. 22 23 REPORT ON NUISANCE HEARING FOR 400 NORTH 9th 24 25 Mr. Bronston requested the Board allow him to withdraw the complaint as the site 26 has been cleared. Mr. Webb so moved, seconded by Mr. Anderson and on unanimous 27 voice vote the motion was carried. 28 29 REQUEST FOR STREET EXCAVATION FOR SEWER SEPARATION PROJECT 30 31 Mr. Webb read the following letter from James White Construction Co. : 32 33 November 20, 1980 34 35 Richmond Board of Works 36 City Building 37 Richmond, IN 47374 38 39 Re: Contracts "B" and "C" 40 Richmond Sewer Separation 41 Richmond Sanitary District 42 43 Gentlemen: 44 45 We are requesting to excavate and open cut various streets in your city 46 for the construction of the sewer separation on the above referenced project. 47 48 Our work is expected to commence on December 1, 1980. 49 50 Your approval in this matter will be greatly appreciated. 51 52 Very truly yours, 53 54 James White, Jr. 55 President 56 57 Representatives from Clark-Dietz noted the areas basically concerned are in 58 the southwest and northwest part of the City. Mr. Anderson stated this should 59 have been'done in the form of a resolution, whereas, the Sanitary District is 60 planning to construct storm and sanitary sewers, and whereas these sewers will 61 be on the following streets and all those streets should be decided, and where- 62 as it is in the best interest of the citizens of the City of Richmond that such 63 streets be excavated and said sewers be constructed and that said Board allows 64 such excavation. Now, therefore, be it resolved that this Board grants the Board of Public Works & Safety Minutes Cont'd. December 4, 1980 Page 5 1 excavation of said streets. Is this all outlined in your contract and it 2 names the streets they are to work on. Mr. Pat Stevens of Clark-Dietz 3 concurred. 4 5 Mr. Anderson so moved for such a resolution, seconded by Mr. Webb. It was 6 suggested a street cut permit could be part of the resolution. Mr. Anderson 7 asked if there was a save harmless agreement protecting the City of Richmond. III8 Mr. Webb stated the City was not only save harmless, but also co-insured. Mr. 9 Anderson questioned if all responsibility had been shifted from the City. Mr. 10 Webb stated the contract documents have been reviewed by an attorney acting as 11 an agent for the City. Mr. Stevens stated the contract states there will be 12 no blasting without permission of the Board for any individual area. Mr. Webb 13 stated the person doing the blasting is solely responsible for the work and 14 that is a liability that cannot be assigned. 15 16 Mr. Anderson amended his motion to require a blanket street cut permit to be 17 issued, seconded by Mr. Webb. On unanimous voice vote the amended motion 18 was carried. 19 20 SET HOLIDAYS FOR 21 22 The following schedule for holidays for the City was presented: 23 24 Presidents' Day February 16 25 Good Friday (% day) April 17 26 Memorial Day May 25 27 Independence Day July 6 28 Labor Day September 7 29 Veterans' Day November 11 30 Thanksgiving November 26 - 27 31 Christmas December 25 32 New Year's Day January 1 III 33 34 Mr. Anderson moved to accept these as the 1981 holidays for the City of Richmond, 35 seconded by Mr. Webb and on unanimous voice vote the motion was carried. 36 37 REPORT FROM BUILDING COMMISSIONER FOR NOVEMBER 1980 38 39 Building Commissioner Charles Roberts presented his report for November 1980. 40 41 Mr. Anderson moved to accept the report, seconded by Mr. Webb and on unanimous 42 voice vote the motion was carried. 43 44 UNSAFE BUILDING HEARING FOR 1900 AND 1902 NORTH "E" 45 46 City Attorney Ed Anderson conducted the hearing, noting this hearing is held 47 pursuant to Ordinance No. 100-1979. Mr. Roberts has issued the order pursuant 48 to Section 4. Service of the order was in accordance with Section 8 by certified 49 mail and the return receipt was entered in the record. This hearing is held 50 pursuant to Section 9 of the Ordinance. The defendant, W. Nelson Burton was 51 present. 52 53 The Clerk read the following order : 54 55 Order Issued Pursuant to 56 City of Richmond III57 Ordinance No. 100-1979 58 59 Order Issued To: W. Nelson and F. Alberta Burton 60 Centerville-Williamsburg Road 61 Centerville, Indiana 47330 62 63 RE: Lots 6 and 7, Francis Coffin Addition (25 ft. wide) 64 1900 North E Street, and 1902 North E Street Board of Public Works and Safety Cont'd. December 4, 1980 Page 6 1 The buildings or structures, or parts thereof, located on the real 2 estate described above have, as a result of inspection and investi- 3 gation by the Building Commissioner of the City of Richmond, been 4 found to be in an impaired structural condition or state which renders 5 them unsafe or dangerous to persons and property. Said findings are 6 according to the specifications of an unsafe building as set forth 7 in Section 2(b) (4) (11) (12) (14) (15) (16) (17) . 8 9 Therefore, it is hereby ordered that the following action be.accom- 10 plished in regard to this property: 11 12 Remove unsafe buildings (According to Section 3, Paragraph 6, 13 City of Richmond Ordinance No. 100-1979) . 14 15 The above stated action shall be accomplished no later than December 16 18, 1980. 17 18 A hearing regarding this order will be held in the Board of Works 19 Room at the Municipal Building, 50 North 5th Street, Richmond, Indiana, 20 at 10:00 a.m. on December 4, 1980. You may appear at the above said 21 hearing to show cause why this order should not be complied with. 22 You may be represented by an attorney, present evidence, call tait- 23 nesses and make arguments at the hearing. If you fail to appear, the 24 hearing will be held in your absence. If the order is affirmed, the 25 Building Commissioner will cause said action to be taken pursuant to 26 this order. The-costs thereof will be assessed against you on the 27 real estate tax duplicate. Further, failure to comply with this order 28 will subject you to litigation. 29 30 You have an obligation according to Section 12 or Ordinance No. 100- 31 1979 to supply full information regarding this order to any person 32 who may take or agree to take a substantial property interest in the 33 unsafe premises, prior to such transfer or agreement to transfer; 34 also to supply to the Building Commissioner, within five (5) calendar 35 days of the transfer or agreement to transfer, (a) the full name, 36 address and telephone number of the person acquiring substantial 37 property interest, and (b) a true and accurate copy of the legal 38 instrument under which the transfer or agreement to transfer is 39 accomplished. 40 41 Charles E. Roberts 42 Building Commissioner 43 44 Mr. Burton stated he is the owner of the properties as of record; however, in 45 1977 he, along with Attorney Gregg O'Maley, sold the properties on land contract 46 to B&J rentals, Carl Bargman and Michael Jacobs, who were also present. 47 48 Mr. Roberts presented his findings. Mr. Burton noted in order for him to have 49 any authority over the properties, he would have to foreclose. Mr. Bargman 50 noted he and Mr. Jacobs purchased the properties in 1977 and subsequently sold 51 them to Thomas & Jennifer Buccella. He presented a copy of the contract to 52 repossess and receive damages. He requested the Board hold their action in 53 abeyance until this legal action is completed. 54 55 Mr. Anderson suggested having the contract rescinded, as the legal action could 56 take six (6) months. In response to Mr. Anderson's question, Mr. Jacobs stated, 57 if they could get possession of the property, they could secure it within two 58 (2) weeks. 59 60 Mr. Meredith moved that there is an unsafe building under the unsafe building 61 ordinance at 1900 and 1902 North "E" Street and further moved that the order 62 is stayed until January 15 at 10:00 a.m. at which time the owners appear to 63 bring the Board of Works and Public Safety up to date on the proceedings as 64 they exist at that time, seconded by by Mr. Webb and on unanimous voice vote Board of Public Works and Safety Cont'd. December 4, 1980 Page 7 1 the motion was carried. 2 3 ADJOURNMENT 4 5 There being no further business the meeting was adjourned. 6 7 Donald E. Meredith 8 President 9 10 ATTEST: JoEllen Trimble 11 Clerk of the Board