HomeMy Public PortalAbout05-18-1978 I33
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, MAY 18, 1978
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in
2 regular session May 18, 1978 at the hour of 9:00 a.m. in the Municipal Building
3 in said City. Mr. Meredith presided with Mr. Anderson and Mr. Webb present.
4 The following business was had, to- wit:
5
6 Mr. Webb moved to approve and place on. file the minutes of the previous meeting,
7 seconded by Mr. Anderson and on unanimous voice vote, the motion was carried.
8
9 Mr. Neil Wood, 1697 Idlewild Drive appeared to request permission to block
10 Idlewild Drive on Sunday, May 28; Tuesday, July 4 and Monday, September 4 for
11 block parties for the neighborhood. The Street Department is requested to
12 furnish horses for this blocking.
13
14 Mr. Anderson moved to approve blocking for the block parties on Idlewild Drive
15 on May 28, July 4, and September 4 from 8:00 a.m. to 6:00 p.m., seconded by
16 Mr. Webb and on unanimous voice vote, the motion was carried.
17
18 Contractor John Juerling, representing Bullerdick Furniture, stated a desire to
19 make a new facade on the existing building which presently has an eight foot
20 (8') canope. They want to put Swiss-type architecture above and extend one
21 foot (1') over the sidewalk past the canope so it will extend out nine feet (9')
22 with a sloping roof with a gable peak. Mr. Juerling stated he has no drawings
23 as of yet, but will submit them later to the proper authorities.
24
25 Mr. Anderson moved to authorize Bullerdi.ck Furniture to construct a new store
26 front as described as a Swiss-type extending nine feet (9') over the sidewalk
27 on South 9th Street, seconded by Mr. Webb and on unanimous voice vote, the motion
28 was carried. Mr. Meredith stated he is always pleased to see someone trying to
29 fix up the downtown area.
30
31 Mr. Webb moved to accept the recommendation of Chief of Police. Charles Chris for
32 the promotion of Patrolmen Michael LaFuze and John Lantz to the temporary rank
33 of Detective effective May 22, 1978, seconded by Mr. Anderson and on unanimous
34 voice vote, the motion was carried.
35
36 Chief Chris noted three probationary officers (Lawrence. Schell, Frederick
37 Holsinger and Gregory Pipes) will be attending Law Enforcement Academy for a
38 ten (10)• week training program.
39
40 Mr. Webb moved to accept the recommendation of Chief Chris to revoke the police
41 powers of Mr. Tony Middleton, Security Guard, Greenwood Apartments, who has
42 been terminated, effective May 18, 19.78, seconded by Mr. Anderson and on
43 unanimous voice vote, the motion was carried.
44
45 Director of Community Development Tim Ryder requested a. bid date of June 1, 1978
46 at 9:00 a.m. be established for new curbs and sidewalks and sidewalk repair in
47 the Kinsey neighborhood on N.W. 2nd between Lincoln and Richmond Avenue and
48 N.W. 4th between Randolph and Richmond Avenue.
49
50 Mr. Meredith set the requested bid date and time for this project.
51 •
52 Mr. Webb moved the plans and specifications be approved for the Kinsey area
53 street improvements, seconded by Mr. Anderson and on unanimous voice vote, the
54 motion was. carried.
55
56 Dr-. Ed Fox, representing the subdivision of Foxboro Court appeared. Mr.
57 Anderson stated he was present for approval of this under the subdivision
58 ordinance so this can be submitted to the Plan Commission who then approves
59 final plans. ,He pointed out needs as being (1) certificate from the City
60 -Engineer (2) bond to the Board of Works or proof of execution of a contract
61 with the contractors acceptable to the Board.
/ 34
Board of Works Cont. •
May 18, 1978
Page 2
1 Mr. Anderson stated the guidelines used by the Plan Commission speak of two
2 (2) .things: (1) final approval of subdivisions bonds posted in accordance
3 with ordinance 1800-1961. Mr. Anderson noted by Plan Commission minutes these
4 were adopted in.. February 1968. (2) furnish to Board acceptable surety or
5 proof of execution of contracts. Foxboro has presented a letter from the Second
6 National Bank which is not satisfactory as a surety as it does not guarantee
7 satisfaction of completion. Dr. Fox stated he will secure a satisfactory surety,
8 which can be presented to the Board.
9.
10 Mr. Anderson moved for recommendation to the Plan Commission for approval of
11 this subdivision subject to the Board of Works receiving a proper surety as
12 discussed. Mr. Anderson then withdrew this motion for duscussion. Director
13 of City Planning Bob Goodwin stated the Plan Commission gives preliminary and
14 final approval on plats subject to providing satisfactory surety to the Board
15 of Works.
16
17 Mr. Anderson moved that as the Plan Commission has made final approval of final
18 plans for Foxboro subdivision subject to Board approved surety, the Board
19 hereby approves the surety when presented in accordance with discussion, seconded
20 by Mr. Webb and on unanimous voice vote, the motion was carried.
21
22 Mr. Meredith directed the City Attorney to examine the surety when it comes in
23 and approve it for the Board.
24 •
25 Mr. Webb stated Crestdale subdivision llth addition has not received final plan
26 approval but do request the Board accept the surety presented, said surety being
27 in the form of signed contracts per paragraph "F" of the subdivision ordinance.
28 They have contracts for all curb work, paving and sewer work. The cost is
29 commensurate with the size of the project. Mr. Webb moved the Board accept the
30 surety in the form of contracts herein presented, seconded by Mr. Anderson. Mr.
31 Anderson noted to define that they only accept bonds but are interpreting
32 contracts can be accepted. The guidelines are not an ordinance and the ordinance
33 does say contracts can be accepted. This was noted so that if there was any
34 question in the future as to why the Board approved this; what was discussed
35 and who do welook to as a source of money to build streets. On unanimous
36 voice vote, =Mr __Webb` _.notion was.passed.
37
38 Mr. Matt Stegall, representing Old Richmond, stated their Street Fair scheduled
39 for last weekend had been rained out and requested it be rescheduled for Saturday,
40 June 3 with all the same details as outlined for the original scheduling. Mr.
41 Anderson moved to approve the June 3 date for Old Richmond Neighborhood Street
42 Fair, seconded by Mr. Webb and on unanimous voice vote, the motion was carried.
43
44 Commercial Manager of Richmond Power & Light, Robert Rees, requested approval
45 from the Board of Works for some changes on North 18th and 19th between North
46 "F" and "J" Streets as follows: remove 2 - 250 watt mercury vapor street lights;
47 install 1 - 175 watt post-top mercury vapor street light; relocate 1 - 250 watt
48 mercury vapor street light. This will be a decrease of $6.45 per month to the
49 City. Mr. Webb so moved, seconded by Mr. Anderson and on unanimous voice vote,
50 the motion was carried.
51
52 The Clerk read a proclamation from Mayor Clifford Dickman proclaiming May 21-27,
53 1978 as National Public Works Week.
54
55 Mr. Meredith stated the meeting was adjourned until 10:00 a.m. at which-time a
56 hearing under the nuisance ordinance would be held.
57
58 The meeting of the Board of Works was reconviened at 10:00 a.m. for the
59 purpose of holding a hearing for Lois Bennett under Ordinance #16-1978 which
60 makes the storage of inoperable machinery, motor vehicles, junk vehicles, and
61 parts of machinery, on any premises within the corporate limits of the City
62 of Richmond, Indiana a nuisance.
Board of Works Cont.
May 18, 1978 .
Page 3
1 Under the guidelines, City Attorney Edward Anderson conducted the hearing.
2 .
3 Mr. Anderson stated the hearing is being recorded and the Clerk is taking notes
4 in shorthand.
5
6 Mr. Anderson asked if Lois Bennett is in the room and Mrs. Bennett so identified
7 herself.
8 .
III 9 The Clerk read the complaint to the Board of Public Works and Safety of the
10 City of Richmond signed by Sgt. Brouse, Jr. 4/27/78. The c.omplaintant swore he
11 observed a nuisance described as 1 Ford truck, 1 Chevrolet, 1 Pontiac, 1
12 Chrysler and auto parts located on the premises known as Horseshoe Court for a
13 period of time from 3/30/78 to 4/26/78.
14
15 Sgt. Brouse acknowledged he was in the room.
16
17 Mr. Anderson read Section '2 of 16-1978. He stated that, after receiving the
18 ' complaint, the Board sent notices of the hearing.
19 .
20 The Clerk read the Notice of Hearing.
21
22 Mr. Anderson asked Mrs. Bennett if she received the notice of hearing and did she
23 understand it to which she answered, "yes". He then asked if she was represented
24 by Counsel to which she answered, "no". He asked if she owned the premises at
25 Horseshoe Court as described to which she answered, "yes".
26
27 Mr. Anderson asked Sgt. Brouse what leads him to thinking a nuisance exists.
28 Sgt. Brouse presented several pictures that were taken of Horseshoe. Court
29 containing several vehicles described as the ones on the complaint. The vehicles
30 were not licensed or inspected to be on the streets and apparently not in
31 running condition. A picture taken after the notice was sent showed an attempt to
32 move the vehicles inside the house. Pictures presented were taken at 2:05 p.m.
33 4/26/78 from the north side of the house and in front of the house. Pictures were
34 delivered from Mr. Roberts showing the conditions as .they now exist taken this
35 morning to show what the attempt to clean up has. accomplished. Mrs. Bennett came
36 forward to examine the pictures and did accept these pictures as pictures of her
37 premises and the vehicles which were or are now on the premises. Mrs. Bennett
38 stated the vehicles were there and she got rid of them. Mr. Anderson asked if this
39 did show that she is or was maintaining a nuisance. Mrs. Bennett stated she did
40 not know it until she got the notice from the mail. Mr. Anderson asked if she is
41 in the process of removing them and Mrs. Bennett stated they have all been removed.
42 Mr. Anderson asked if Mrs. Bennett wanted to address the Board. He asked if she is
43 planning to .remove what is left. Mrs. Bennett stated she hasn't been able to do this
44 due to the weather.
45
46 Building Commissioner Charles Roberts presented a document to authorize removal
47 of the dwelling located at 1521 New Paris Pike and cleaning of the lot. Mr.
48 Anderson noted this is under condemnation procedure. Every nuisance has been
49 removed but one motor. All cars have been taken away. Mr. Meredith asked that,
50 if there is anything left even though it doesn't pertain to the dwelling will it
51 be cleared off? Mr. Roberts stated Mrs. Bennett gave permission to demolish
52 anything that is left. She has the right to take anything until the date is set
53 for bidding for demolition. The document she signed is permission for advertisement
54 for demolition bids for structures. She must have everything removed by.- July 1,
55 1978 and then Mr. Roberts will demolish the structure.
56
57 Mrs. Bennett stated this is her signature on the document. She stated there is
III 58 remaining a bottled gas tank and she has contacted the owner to come and remove the
59 bottled gas, but hebass not responded. Mr. Roberts stated he will contact the
60 owner.
61
62 :Th:e. Dirof . Community Development stated Mrs. Bennett's ability to participate in
63 this type program to rid the area is not applicable in all cases as it depends on the
64 location of the nuisance. No one should assume that the City will come in all cases
65 to remove nuisances since not all are in Community Development areas.
Board of Works Cont.
May 18, 1978
Page 4
1 Mr.' Anderson stated the 'whole purpose of this hearing is to get Mrs. Bennett to
2 show cause why the Board should not have the 'nuisance removed but Mrs. Bennett is
3 removing it and the Board appreciates this. She is removing it voluntarily. Mrs.
4 Bennett stated she is removing it as she can and because of the Weather it has taken
5 longer to get it taken care of. Mr. Anderson asked Mr. Roberts if he is satisfied
6 that it is being done and Mr. Roberts answered, "yes". Mr. Anderson asked Sgt.
7 Brouse if he is satisfied and Sgt. Brouse stated Mrs. Bennett is making an effort
8 to clean it up. •
9
10 Mr. Meredith stated he is pleased that, after receiving the notice and becoming
11 aware of the problem, Mrs. Bennett 'did attempt to clean it up prior to the
12 hearing. He appreciates' the cooperation from the citizens.
13
14 Mr. Anderson stated there are no other matters to be brought to the Roard`s attention
15 so the Board can make a decision as required under'-the ordinance.
16
17 Mr. Goodwin asked if it is pertinent to know where the vehicles were. removed to -
18 inside or outside the City? Mr. Anderson stated that, since Mrs. Bennett is not
19 represented by Counsel, he would advise her that it is not the concern of the Board.
20 Mrs. Bennett did state that the truck is runable so she took it to her house after
21 it have been plated. A man on New Paris Pike took the remaining vehicles to the
22 junk yard. Mrs. Bennett was made aware that the truck could only be parked for
23 twenty-four (24) hours on -:the street under the traffic code.
24
25 Mr. Anderson made the suggestion as to the decision of the Board ,that having
26 examined and heard the evidence of Lois Bennett that the Board find it not issue
27 any Order of Removal. Mr. Webb so moved, seconded by Mr. Meredith. Motion
28 carried.
29
30 There being no further business on motion duly made; seconded and passed the meeting
31 was adjourned.
32
33 Donald E. Meredith
34 President
35
36 ATTEST: JoEllen Trimble
37 Clerk of the Board
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