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