Second Depot Street building to be demolished

More discussion about the demolition on East Depot Street dominated Thursday's meeting of the Shelbyville City Council, with authorization given to tear down the building that formerly housed the Grapevine.

The building at 111 and 113 E. Depot had been damaged during the demolition of 109 E. Depot and contractors and engineers have said it would cost over $200,000 to repair and bring up to code.

On Thursday, workers from First Response, who are continuing to clean up the lot where the downed structure once stood, took down the west wall that rested against the Grapevine, revealing that the building had burned sometime in the past.

The building's owner, Wayne Hix, said that former fire chief Garland King told him it had been involved in a blaze sometime during his tenure.

Councilman Lee Roy Cunningham continued to ask questions about matters surrounding the building, asking why accounts payable showed that First Response was paid some $4,400 more for the demolition than the $63,000 that was quoted to the council.

City manager Ed Craig said the extra funds were due to the discovery and removal of asbestos from the building that was brought down. He also added that the company had not been paid yet.

Cunningham also said he believed there was negligence on the part of the demolition company since a third track-hoe was not used to hold up the wall that fell on the Grapevine. Cunningham claimed several people who watched the demolition believed the equipment should have been in place.

Craig said that both companies that bid on the demolition could not insure that the Grapevine would not be damaged, saying that it was "highly probable that it would" be damaged.

City attorney Ginger Shofner said that the city would have to investigate what those people claimed they saw. Council person Jo Ann Holland asked what the names of the witnesses were so they could be contacted, but Cunningham did not respond to the question.

Council person Kay Rose asked if the people who claimed negligence were professional demolition experts. Cunningham replied it was "just common sense" that a third track-hoe should be used and it was just his opinion. He then said the council should move on.

Later in the meeting, Craig passed out a letter from Tim Hatton, the attorney representing the owner of 109 E. Depot, Alice Albrecht, who said that he is attempting to work with the company that insured the building to see if coverage for demolition exists.

Should those efforts fail to have insurance pay for the demolition, Albrecht would likely litigate with the seller of the building and the inspector who gave it a clean bill of health, saying that they would learn whether she would have to bear the costs or if they would be shifted to someone else.

Before the council passed the measure to take down the old Grapevine, councilman Al Stephenson suggested having a local contractor bid on the project.

The council also passed a measure that would turn East Depot into a one-way street for a 90-day period. Craig said it would be better if the one-way traffic would go into the public square instead of having traffic flow outward, and the council agreed.

Other action:

A resolution establishing the Health, Educational and Housing Facility Board of the City of Shelbyville and Bedford County was passed. The measure creates an overlay required by law for the Industrial Development Board and authorizes them to enter into payment in lieu of tax agreements.

Approved on first reading was an ordinance to rezone 40.5 acres of land bordering the north boundary of Wal-Mart on North Main Street from C-2 (highway service district) to PUD (planned unit development). The tract is planned to have 36 proposed lots for townhouses, averaging between 2,000 and 3,000 square feet.

Also passed on first reading was a rezoning request for 1623 Sims Lane, changing the zone from R-1 (low density residential) to R-3 (medium density residential).

* Passed on second reading was an ordinance to rescind Premier Development's Carlton Way Farm PUD ordinance, returning the most easterly five-acre lot to C-2 (highway service district or general commercial use), with the remaining portion reverting back to its original zoning.

* Also, the council voted to approve on second reading a rezoning request made by American Value Homes for that remaining portion on Frank Martin Road from PUD to C-2.

* Passed on second reading was an ordinance updating the city's sewer use ordinance and enforcement response plan for Shelbyville Power, Water and Sewer.

* Approved on third and final reading was an ordinance amending the city's zoning ordinances, adding a subsection dealing with residential development standards.

* Another ordinance on third and final reading amends the city's storm water ordinances by adding a provision for civil penalties.

* A motion was passed that authorizes entering into an agreement with Paymentus to establish a credit card payment plan for the police department so that people can pay city traffic tickets on line.