Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA October 18, 2017 Call to Order/Pledge to the Flag: Mr. Snedecor called the meeting to order at 3:32 p.m. followed by the Pledge of Allegiance. Roll Call: The following members were present: Mr. Lain, Mr. Ehrhardt and Mr. Snedecor. Also present: C-T Longer and Admin. Asst. C. Govert. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept the minutes of the Regular Meeting of October 4, 2017 as presented. All aye, motion carried. (3-0) Correspondence: Update on Streetscape Project: Brandon Towle, BF&S, distributed a status update to the Board. Rieth Riley has been on site installing the concrete curbs, sidewalks and ADA ramps in the intersection of 3rd and Center. Grimmer has been assisting with laying subbase for the concrete and installing tree grates, topsoil and structural soils. Also, additional stone has been added to subgrade treatment in preparation of asphalt. Asphalt crews will be on site tomorrow installing the HMA base and intermediate lifts on Center and 3rd Street. During the same time, a milling crew will be removing the asphalt on Center Street between the bank’s drive and 4th Street in preparation for Phase IV. Milling will also take place in the City’s parking lot behind the Post Office in preparation for resurfacing at the east end of the lot. Next week, Decorative Paving will be installing the decorative pavers, Hawk will be installing lights and signals, and Rieth Riley will pave the HMA Surface. Once all surfaces have been laid, striping will take place in preparation for opening the intersection. Currently the phase switch is scheduled for Thursday October 26, 2017. Attorney DeBonis arrives. Approval of Register of Claims and Payroll Claims: Motion by Mr. Ehrhardt, seconded by Mr. Lain, to accept and sign the register of claims and payroll claims as presented. All aye, motion carried. (3-0) Approval of Agenda: Mr. Snedecor asked the Board to consider adding the acceptance of Deed: Gilliana Property. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the agenda with the addition. All aye, motion carried. (3-0) Unfinished Business: Continued: Unsafe Building: Peter Peco and Attorney Paul Psomadelis re: 212 S. Colorado St.: Mike Hannigan: Mr. Peco and Attorney Psomedelis were not present. Mr. Hannigan, Building Official, stated that no improvements have been made. Attorney DeBonis suggested contacting Mr. Peco and Attorney Psomadelis by letter with an order to appear. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to impose a fine of $200 for non-compliance, the fine being due to the Clerk-Treasurer’s office by November 3, 2017, and an order to appear at the November 1, 2017 Board of Works meeting. All aye, motion carried. (3-0) Update: Unsafe Building: Karl and Kathleen Ann Luken, re: 131 Center St: Mr. and Mrs. Luken were not present. Mike Hannigan, Building Official, said that quotes for demolition are being solicited and will be opened on October 26, 2017. Mr. Mendoza, City Planner, said that he has spoken with the investor and they are still interested in purchasing the property. He will keep in contact with them and Board of Works Minutes: October 18, 2017 1 ask them to secure the roof. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to continue this matter to the November 1, 2017 Board of Works meeting. All aye, motion carried. (3-0) Order to Appear: Property Maintenance/Use Issue: Karene Orsini and Ignacio Cotto, re: 940 Lake St.: Sgt. Russo: Mr. Cotto was present. Sgt. Russo said that some things have changed; no new vehicles have been added, down to 2 unregistered vehicles, and no more complaints regarding running business from the home. Mr. Cotto said that he feels that he has met compliance and thinks that the $500 fine is extreme. The truck seats have been removed, and the he is waiting for the titles to take to the B.M.V. for the 2 unregistered vehicles. He also stated that he owns all of the cars and is not running a business. Motion by Mr. Snedecor, seconded by Mr. Ehrhardt to continue this item to the November 1, 2017 meeting of the Board of Works and if property is in compliance by that date discussion may be held about rescinding the fine. All aye, motion carried. (3-0) Continued: Cease and Desist Order: Re: County Line Orchard, 200 S. County Line Rd., Ryan Richardson: Mr. Richardson was not present. Mr. Gralik, City Engineer, has been in contact with the orchard and the Corps of Engineers. They are working on getting the required permits. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to remove this item from the agenda with the understanding that the Cease and Desist Order is still in place and may be lifted at the discretion of the City Engineer when appropriate. All aye, motion carried. (3-0) New Business: Request to Black Top Easement: Elias Gimelas, 106 N. Michigan Ave.: Mr. Gimelas was not present. Discussion was held regarding exclusive use of paved easements. Attorney DeBonis said that the City owns the easement which means that the space is for the public at large. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to grant the petitioner’s request to pave the easement and inform them that parking is not exclusive to the homeowner. All aye, motion carried. (3-0) Request to Remove Trees from Easement: Joseph M. Sabocik, 2735 McAfee Dr.: Mr. Sabocik was present and said that he would like to remove the trees before he replaces his driveway and sidewalk. He has inquired about the 50/50 sidewalk replacement program but was informed that it was not taking place this year. Mr. Sobocik has ordered the concrete for his driveway and sidewalk for the end of October and would like to have the trees removed before the work is done. Mr. Dubach, Public Works Supt., said that his department could remove the trees if Mr. Sabocik is paying for the sidewalk repairs. Motion by Mr. Snedecor, seconded by Mr. Lain, to have the Public Works Department remove the trees as the owner has agreed to pay for the sidewalk repair. All aye, motion carried. (3-0) Request for Sidewalk Waiver: John Ketchum, 324 W. 10th St.: Mr. Ketchum was present. There are currently no sidewalks on this side of the street. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the request for the sidewalk waiver for 1 year or until such time as the City determines the sidewalks must be installed, whichever is longer, at the owner’s expense. All aye, motion carried. (3-0) Request for Sidewalk Waiver: Penny O’Neill, Home Connection Realty Inc., 49th and LaSalle St.: Ms. O’Neill was present with a limited Power of Attorney from property owner. Ms. O’Neill stated that there is a potential buyer for the 3 acre site to be used as a single family dwelling. Mr. Gralik, City Engineer, said there has been discussion about sidewalks in that area because it connects with the bike trail which would mean that the walks would need to be 8’ wide instead of 5’, in that case the City would pay the extra amount needed for wider sidewalks. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the request for the sidewalk waiver for 1 year or until such time as the City determines the sidewalks must be installed, whichever is longer, at the owner’s expense, with the City paying the difference if wider trail sidewalks are installed. All aye, motion carried. (3-0) Board of Works Minutes: October 18, 2017 2 Parkway Maintenance and Parking Violation: Jamie Smith, 1214 E. Hickey St., Sgt. Ron Russo: Ms. Smith was present. Sgt. Russo said that the parking clarification on City easements was answered in the prior discussion. Sgt. Russo asked if a prior Board approved the easement to be paved does the new homeowner need permission to change back to grass state? Ms. Smith said that she would like to restore the easement back to grass and install a lending library for which she has received grant money. Motion by Mr. Snedecor, seconded by Mr. Lain, to approve request for removal of asphalt and placement of lending library at the expense of the homeowner. All aye, motion carried. (3-0) Municipal Code Violation: re: Keeping Certain Animals: Natalie Hurley, 1017 W. 38th Pl., Sgt. Ron Russo: Ms. Hurley was present. Sgt. Russo said that he received a complaint about the smell at the house. On his first visit to the property there was a noxious order emanating from the backyard, like what you would normally encounter at a pig farm. He also observed that the area is not 200’ from other dwellings. Ms. Hurley said that she has had the pig for over 5 years and said she asked Sgt. Gagliardi at the time if she was allowed to have a pig in a residential area and she was told yes. Sgt. Russo stated that he hasn’t had an opportunity to confirm this fact with Sgt. Gagliardi. Discussion was held about the ordinance. Attorney DeBonis said that the law is very clear, and read Hobart Municipal code 90.03 which states it is unlawful for any person to permit animals such as pigs to go within 200 feet of any occupied dwelling except when riding a horse to, from or along any roadway within the city. Discussion was held about giving Ms. Hurley until November 15, 2017 to remove and relocate the pig as long as there are no further complaints. Motion by Mr. Snedecor, seconded by Mr. Ehrhardt, to set this item over for review at the November 15, 2017 Board of Works meeting expecting relocation of the pig by that date. (3-0) Request to Trim Trees on Easement: Lamar Advertising, 37th Ave., Bob Fulton: Mr. Fulton said that Lamar Advertising is requesting permission to trim the trees on the easement. Discussion was held about using a licensed tree removal service and the requirement to sign an indemnification and right of entry agreement. Motion by Mr. Snedecor, seconded by Mr. Lain, to approve the request upon the filing of the required forms. All aye, motion carried. (3-0) Consideration of Acceptance of Warranty Deed: re: Gilliana Property: Mr. Snedecor said the property will be used as a park and will be named in the future for Miriam Pleak. Attorney DeBonis said the property is on the shore of Lake George adjacent to Wisconsin Street, it’s a natural area that may include a trail in the future. He also said the Board of Works and Common Council previously approved the purchase with Resolutions. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept action and deed as presented. All aye, motion carried. (3-0) Announcements: Mr. Hannigan gave a brief update of house demolitions. The property at 919 W. 7th Place has been completed. He is still waiting on NIPSCO to remove gas lines at the other 2 properties. Mr. Snedecor asked if there was anyone who wished to address the Board and there was no further response. Adjournment: Motion by Mr. Lain, to adjourn the meeting. All aye, motion carried. (3-0) The meeting adjourned at 5:08 p.m. ______________________ ____________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: October 18, 2017 3