HomeMy Public PortalAbout09-18-1980 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, SEPTEMBER 18, 1980
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in
2 regular session September 18, 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
7
8 Mr. Webb moved to approve the minutes of the previous meeting as prepared,
9 seconded by Mr. Anderson and on unanimous voice vote the motion was carried.
10
11 FIRE CONTRACT FOR WAYNE TOWNSHIP
12
13 A fire contract to provide fire service for Wayne Township at a cost of
14 $175,000 for the year was presented. Mr. Anderson finds the contract in
15 order. Mr. Webbmoved the contract be approved, seconded by Mr. Anderson
16 and on unanimous voice vote the motion was carried.
17
18 POLICE OFFICER PROMOTIONS
19
20 Chief Chris recommended that Officer Gary K. Heikkinen be advanced from the
21 rank of Probationary Patrolman to that of Patrolman and that Officer Robert
22 E. Hobson be advanced from the rank of Probationary Patrolman to that of
23 Patrolman Technician on the Richmond Police Department effective September
24 23, 1980. Mr. Webb moved that the request of the Chief be approved, seconded
25 by Mr. Anderson and on unanimous voice vote the motion was carried.
26
27 SET DATE FOR "TRICK OR TREAT" NIGHT
28
29 Chief Chris stated Capt. LaFuze recommends "Trick or Treat" night be set for
30 October 30, 1980 from 6:00 to 9:00 p.m. School will be closed on the 30th and
31 31st for Teachers.' Professional Improvement Days, so there will be no
32 interference with youngsters being out on a school night. It is recommended
111 33 that those persons who wish to participate with children have their porch
34 lights on. Precaution should be used by the children and sin�all children
35 should be accompanied by an adult.
36
37 Mr. Anderson moved to set "Trick or Treat" night for October 30, 1980 from
38 6:00 to 9:00 p.m. and per precautions as mentioned by the Chief of Police,
39 seconded by Mr. Webb and on unanimous voice vote the motion was carried.
40
41 MONTHLY REPORT OF RADIO TECHNICIAN
42
43 Mr. Webb moved that the monthly report of the radio technician for August,
44 1980 be accepted,seconded by Mr. Anderson and on unanimous voice vote the
45 motion was carried.
46
47 _ SET DATE FOR UNSAFE BUILDING HEARING
48
49 Building Commissioner Charles Roberts requested the Board set a hearing date
50 under the Unsafe Building Ordinance for property owned by Mary Siegrist
51 located at 1611 North "B". He noted the owner was contacted on May 18, 1976,
52 and the property has been empty several years. At that time Community
53 Development offered to tear the property down with their money and made the
54 same offer in 1978. The property has been set on fire twice in 1980.
55
56 Mr. Meredith set October 23 at 10:00 a.m. for this hearing.
57
58 DETERIORATION OF DILLON DRIVE
59
60 Mr. Frank Otto read a letter to the Board noting that Dillon Drive, which
61 was dedicated and constructed by Otto Realty is being damaged by the Glick
62 Co. during their construction of "Carriage House" apartment project. Glick
63 Co. used this road shortly after the base was laid and binder coat applied.
64 The finish coat of asphalt has not been applied, so the street is not yet
a
Board of Works Minutes Cont'd.
September 18, 1980
Page 2
1 in condition to be accepted by the City. Mr. Otto stated he contacted the
2 City Engineers office and was told to contact Glick. When Mr. Otto contacted
3 Glick who pointed out that the street was soft so he contacted the contractor,
4 Stone Valley, who told him that prior to final coat they would repair any
5 damaged spots if it proved to be needed. Stone Valley has given him an
6 estimate of damage for 900 square yards of base and binder which amounts to
7 $8,000. Mr. Otto stated he is asking to close the street to truck traffic
8 as there is an entrance to the project of Glick from Winding Ridge. He
9 requested the City put pressure on the Glick Co. and the paving company to
10 get this situation straightened out as the street was dedicated but has not
11 as yet been accepted.
12
13 Mr. Webb stated it is his opinion that when a plat is accepted and recorded
14 that the dedicated right-of-way in the eyes of the law becomes a public
15 street. The City does not accept that dedicated street for maintenance until
16 the street is completed and accepted by the City. There was a construction
17 bond and the maintenance bond comes when it is accepted by the City. Mr.
18 Webb further stated an inspector went out and inspected and said the sub-
19 grade was soft. The contractor said they would go ahead and put the base
20 in and come back the following spring and repair any damages before they
21 put the surface on. Then Click comes with a construction project and with
22 the moisture going through the sub-base and the heavy truck traffic, there
23 is 100' of street that is mud. Under normal circumstances this would not
24 have happened.
25
26 Mr. Anderson stated he is not in a position to decide on this matter as he
27 is in the process of working on a legal opinion for several matters where
27 the streets have come up. This opinion should be coming out in the next week.
28
29 Mr. Otto stated he is going to start work on the street Monday morning,
30 which will close the street for construction. Mr. Webb stated there is an
31 ordinance that you can close the street as long as the street is under cons-
32 truction.
33
34 Mr. Anderson suggested that Mr. Otto write to Glick and state he appeared
35 before the Board and it appears he is still responsible for the construc-
36 tion of this street as it is not acceptable to City standards; therefore,
37 he is asking their cooperation to use another access to your property
38 while he is constructing the street to meet the City standards.
39
40 UNSAFE BUILDING HEARING - Esther Rader, 323 North 16th Street
41
42 City Attorney Ed Anderson conducted the hearing, who noted this hearing is
43 held pursuant to Ordinance No. 100-1979. Mr. Roberts has issued an order
44 and presented a copy of the certified receipt showing the acceptance of the
45 order. The record shows that the Defendant signed and returned the receipt.
46 Mrs. Rader is not present and Mr. Roberts has had no communication from her
47 or any attorney representing her since the order was received.
48
49 The Clerk read the following order:
50
51 Order Issued Pursuant to
52 City of Richmond
53 Ordinance No. 100-1979
54
55 Order Issued to: Esther Rader August 15, 1980
56 R. 1, Box 175
57 Centerville, Indiana 47330
58
59 RE: SZ Lot 15, C. T. Price Addition
60 323 North 16th Street
61
62 The building or structure, or part thereof, located on the
63 real estate described above has, as a result of inspection
64 and investigation by the Building Commissioner of the City
3
Board of Works Minutes Cont'd.
September 18, 1980
Page 3
1 of Richmond, been found to be in an impaired structural condition
2 or state which renders it unsafe or dangerous to persons and pro-
3 perty. Said findings are according to the specifications of an
4 unsafe building as set forth in Section 2, (b)-(4)-(11)-(15)-(16)-
5 (17) of City of Richmond Ordinance No. 100-1979.
6
7 Therefore, it is hereby ordered that the following action be
8 accomplished in regard to this property:
9
10 Remove unsafe building (According to Section 3,
11 Paragraph 6, City of Richmond Ordinance No. 100-1979.
12
13 The above stated order of action shall be accomplished no later
14 than Ocotber 18, 1980.
15
16 A hearing regarding this order will be held in the Board of Works
17 Room at the Municipal Building, 50 North 5th Street, Richmond,
18 Indiana, at 10:00 a.m. on September 18, 1980. You may appear
19 at the above said hearing to show cause why this order should
20 not be complied with; you may be represented by an attorney,
21 present evidence, call witnesses and make arguments at the
22 hearing. If you fail to appear, the hearing will be held in
23 your absence. If the order is affirmed,, the Building Com-
24 missioner will cause said action to be taken pursuant to this
25 order. The costs thereof will be assessed against you on the real
26 estate tax duplicate. Further, failure to comply with this order
27 will subject you to litigation.
28
29 You have an obligation according to Section 12 of Ordinance No.
30 100-1979 to supply full information regarding this order to any
31 person who may take or agree to take a substantial property in-
32 terest in the unsafe premises, prior to such transfer or agreement
33 to transfer; also to supply to the Building Commissioner, within
111 34 five (5) calendar days of the transfer or agreement to transfer,
35 (a) the full name, address and telephone number of the person
36 acquiring substantial property interest, and (b) a true and
37 accurate copy of the legal instrument under which the transfer
38 or agreement to transfer is accomplished.
39
40 Charles E. Roberts
41 Building Commissioner
42
43 Mr. Roberts noted this property has been condemned since early in 1976 and
44 has had several owners since that time. He has had contact with all of them.
45 The building is not secured. As late as two (2) weeks ago he was in the
46 building. This property was sold on tax sale and this owner received the
47 property on August 15, 1980. The building has not been damaged by fire.
48 It is an attractive nuisance to children and is in a condition to be a public
49 nuisance. The building has been abandoned. The order is to the effect that
50 the building should be completely removed. Mrs. Rader had told Mr. Roberts
51 they were going to repair it to rent or sell; however, they haven't had the
52 chance to do anything to it.
53
54 Mr. Anderson stated the Board can affirm, revoke or modify the order of the
55 Commissioner. His order was to remove the building by October 18th.
56
57 Mr. Meredith moved that there is an unsafe building according to the unsafe
58 building ordinance and that Esther Rader have a contract for the demolition
59 of this building to the Board no later than ten (10) days from the date of
60 affirming the order, and if a satisfactory contract has not been received by
61 the Board, then to have the Building Inspector proceed with demolition and
62 the cost thereof borne as spelled out in the ordinance, seconded by Mr.
63 Webb and on unanimous voice vote the motion was carried.
Board of Works Minutes Cont'd.
September 18, 1980
Page 4
1 Mr. Meredith requested Mr. Roberts give an update on the Fleming property.
2 Mr. Roberts stated that as of 8:00 this morning the work has not been started.
3 Mr. Roberts stated he will contact DeLucio as soon as this meeting is over.
4 Mr. Meredith noted the contract presented by Mr. Livengood to this Board is
5 not null and void and, if you do not get a satisfactory commitment from Mr.
6 DeLucio, go ahead and start proceedings and get it down.
7
8 There being no further business the meeting was adjourned.
9
11/
10 Donald E. Meredith
11 • President
12
13 ATTEST: JoEllen Trimble
14 Clerk of the Board