Board of Public Works & Safety

REGULAR MEETING – January 21, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, January 21, 2014 at the hour of 9:00 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President, Steve Janus, who presided. Noted present: Steve Janus, Sharon Carnes and Michael Palmer (3). Absent: none (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: John Espar, Corporate Counsel Donna Pappas, City Controller Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Bob Zondor, Superintendent Central Services Charles “Spike” Peller, City Engineer Craig Phillips, Planning Director Skyler York, Asst. Planning Director SoJo Atwater, Human Rights Frank Seilheimer, City Forrester Michael Kuss, General Manager Sanitary District Bradley Bye, Plumbing Inspector Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Rescheduled meeting of January 13, 2014. Vice-President Carnes made the motion to approve the minutes from the rescheduled meeting of January 13, 2014. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. AWARDING OF BIDS – 2912 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board stating he received a call from Mr. John Blosky with Amereco Engineering; stating Mr. Blosky is running a little late for the meeting; asking if the item could be postponed temporarily until Mr. Blosky arrives. Regular Meeting – January 21, 2014 Page 2 REQUEST TO SOLICIT BIDS – Frank Seilheimer, City Forrester requests permission to solicit bids for the 2014 City wide landscape contract Frank Seilheimer, City Forrester addressed the Board asking permission to seek bids for the 2014 City wide landscape contract; explaining the project would include the same properties as last year which included the Property Commonly known as the Ice House and Weber Sign, the Property Commonly known as the Memorial Hospital Redevelopment Corridor, Franklin Street from 11th Street to Coolspring Avenue, Michigan Boulevard, and Franklin Square. Mr. Seilheimer further explained that the only change made for this year’s contract is the removal of the fertilization of the grasses on the tree lawns; and that they will still be doing the pre-emergent herbicide treatments in the planter boxes. Michael Palmer made the motion to approve the request to solicit bids for the 2014 City wide landscape project. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Corporate Counsel John Espar addressed Mr. Seilheimer asking what the contract amount was for last year. Mr. Seilheimer replied it was approximately $147,000.00. PERFORMANCE BOND – Old Lighthouse Museum Lantern Room Restoration Project (Note: TABLED at the December 16, 2013 meeting) President Janus stated the Bond still has not been received, and will hold the item over until the next meeting. Corporate Counsel John Espar addressed the Board stating the contract amount for the project is less than $200,000.00; stating he wasn’t sure what the difficulty was in securing the Performance Bond; further stating perhaps at the next meeting the Board can get a status report on this. Counsel Espar advised that the Board may wish to consider waving the requirement for the Performance Bond if the project is under $200,000.00, as the Board statutorily has the authority to wave it. President Janus addressed the Board stating that as he understands it they have the Bond they just haven’t paid for it yet, and the check is in the mail. REQUEST TO USE CITY RIGHT-OF-WAY – AT&T requests to utilize a portion of a vacant alley south of parking lot located at 1637 E. Michigan Boulevard to install a utility cabinet for their UVERSE TV service (Note: TABLED at the December 16, 2013 meeting) President Janus stated that Mr. Kuss is running late and the item will be brought back up when he arrives. AGREEMENT – “Blanket Utility Easement Agreement” by and between the City of Michigan City acting by and through the Michigan City Parks and Recreation Department Regular Meeting – January 21, 2014 Page 3 and the Michigan City Board of Public Works and Safety and the Michigan City Sanitary District President Janus asked if there was anyone present to address the matter. There was no response. Corporate Counsel John Espar asked the Board to TABLE this to the February 3, 2014 meeting to afford him the opportunity to review it and explore the basis for this agreement, as he has not had the opportunity to review it. Vice-President Carnes made the motion to TABLE the item until the February 3, 2014 meeting. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. AWARDING OF BID – 2912 E. Michigan Boulevard Steven Travis, Amereco Engineering addressed the Board stating they recommend that the work be awarded to the low bidder, Actin TRI. Discussion ensued between the Board, Corporate Counsel John Espar and John Blosky, Amereco Engineering regarding the difference in the bid amounts. Mr. Blosky explained that the two other bidders are well established contractors and that Actin TRI is a small firm and bid considerably less than the big/established contractors. Michael Palmer made the motion to award the bid to Actin TRI contracting for $14,875.00 plus $73.00/per ton for the material that has to be removed. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO USE CITY RIGHT-OF-WAY – AT&T requests to utilize a portion of a vacant alley south of parking lot located at 1637 E. Michigan Boulevard to install a utility cabinet for their UVERSE TV service (Note: TABLED at the December 16, 2013 meeting) Michael Kuss, General Manager Sanitary District addressed the Board explaining the License Agreement for the Use of the City Right-of-Way is not ready at this time; and further stated the Board could vote in favor of the request pending the receipt of the License Agreement or the Board could wait until the License Agreement is prepared, hopefully by the next meeting. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Kuss regarding the License Agreement addressing the concerns of the Sanitary District with regards to the use of the City right-of-way as requested by AT&T; and whether this License Agreement would be for this use only or for use on any City right-of-way in Michigan City. Counsel Espar advised the Board that this License Agreement would be only for this use/request, and that if AT&T wants to utilize any other right-of-way within the City they would need to come back before the Board to request such use. Further discussion ensued between the Board, Corporate Counsel John Espar and Mr. Kuss regarding other City departments that may need to be included in the License Agreement. Corporate Counsel Espar explained that the License Agreement should include the following: “At will” is at the encouragement of the Water Department or the Sanitary District or the Park Regular Meeting – January 21, 2014 Page 4 Department, this Board would be in a position in response to another department of the City to give notice that the License Agreement is being revoked and that the structures that are place in the right-of-way have to be removed within the appointed period of time. President Janus stated the Engineer from AT&T was here earlier and wondered why they needed a License Agreement for this project, when previously they have used City right-of- way for other projects and just went to the City Engineer and got a permit. Corporate Counsel Espar explained that they probably were referring to use of City Utility Easements where the various utilities are going through and in those circumstances there’s already a dedicated area for the use of utilities, and this is a right-of-way easement not a utility easement. PARKING – Address parking along 7th Street between Michigan Boulevard and Cedar Street – return to parking only on North side of street Charles “Spike” Peller, City Engineer addressed the Board regarding parking along 7th Street between Michigan Boulevard and Cedar Street; recommending to the Board that this area be changed back to parking only on the North side of the street between Michigan Boulevard and Cedar Street. Mr. Peller explained the circumstances that brought this to his attention – street to narrow to allow for parking on both sides of the street and two-way traffic traveling along this part of 7th Street. Tim Haas, Haas & Associates, Engineer for the Elston Grove Rehabilitation Project addressed the Board regarding the parking in the Elston Grove Neighborhood; explaining that the preliminary plans for the project included three (3) streets that the Planning team decided to try parking on both sides; stating the initial design had parking only on one (1) side of portions of 7th Street, 9th Street and 10th Street. Mr. Haas explained that residents expressed concerns as the curbs were put in and the streets were opened that there was not enough parking, with parking only on one side of the street. Mr. Haas further explained that the portion of 7th Street between Michigan Boulevard and Cedar Street is especially problematic with the Church there, and with the boat/trailer issues in the summer. Mr. Haas suggested that the City consider opening up the intersection at Michigan Boulevard and 7th Street and moving the parking back from the intersection to help alleviate some of the problems/concerns, and change that section of 7th Street back to parking on one (1) side of the street. Corporate Counsel John Espar addressed Mr. Peller and Mr. Haas regarding the parking along 7th Street between Michigan Boulevard and Cedar Street; and the section of 7th Street where the City removed a parking pad. Discussion ensued between the Board, Corporate Counsel Espar, Mr. Peller and Mr. Haas regarding the parking issue. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the parking issue recommending parking be removed from the Southside of the street and restore the “No Parking” along the Southside of the street as it originally was at the beginning of last year. Lt. Loniewski also recommended the City work with the Church to address parking issues for their services, and restrict parking only allowing parking on Sunday mornings during certain time periods. Regular Meeting – January 21, 2014 Page 5 Further discussion ensued between the Board and Corporate Counsel Espar regarding the parking issue on 7th Street and the homeowner who came before the Board requesting parking in front of their home on the Southside of the street. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the parking issue referring to one of the homeowners at the corner of 7th Street and Michigan Boulevard and their concerns with the parking in this area. Mr. Hatfield informed the Board that the City Engineer did hand out information to affected residents on how to apply for a curb cut so they could install private parking on their property. President Janus suggested the Board go along with the Police recommendation and contact the Church to see when they would need parking and sign it accordingly. Vice-President Carnes made the motion to TABLE the matter to see if any of the homeowners in that area want to weigh in on the matter. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. President Janus asked if there was anyone from the public who would like to speak on the matter. There was no response. ROAD CLOSURE – Charles “Spike” Peller, City Engineer requests permission to close one (1) lane of Franklin Street in April for a Soil and Groundwater Remediation Project (3201 Franklin Street) Charles “Spike” Peller, City Engineer addressed the Board requesting the lane closure that would take place sometime in April, 2014 for a Soil and Groundwater Remediation Project at 3201 Franklin Street; explaining the project. Discussion ensued between the Board and Mr. Peller regarding the company performing the work submitting the proper paperwork for liability insurance and signage for the closure being their responsibility. Vice-President Carnes made the motion to approve the request to close one (1) lane of Franklin Street for one (1) day for the implementation of a Soil and Groundwater Remediation Project at 3201 Franklin Street. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. PETITION – Petition received in the City Clerk’s Office on January 13, 2014 from Michigan City Firefighters Association Local 475 The following Petition was received in the City Clerk’s Office on January 13, 2014 from Michigan City Firefighters Association Local 475: Recall Petition This is a letter to ask the Board of Works for the removal of Fire Merit commissioner Keith Harris from the Merit commission board in accordance with Municipal Code, Chapter 54- Fire & Protection; Article II-Fire Department; Division 3- Merit System; Sec. 54-143- Vacancy & Removal, which states: If for any reason a vacancy occurs in the fire department civil service commission, the appropriate appointive authority as set forth in section 54-132 of this Code, shall name a Regular Meeting – January 21, 2014 Page 6 replacement to fill out the unexpired term within 30 days of actual or official notice that the vacancy exists. All replacements shall comply with the requirements of Code section 54-132 and 54-133. A commissioner serves at the pleasure of the appointment or electing authority and may be removed at any time. In the case of a commissioner elected by the fire department, the board of public works and safety shall call a meeting of the active members of the department under the procedures specified in section 54-132, of this chapter if a recall petition signed by a majority of the active members of the city fire department is submitted to the board. Attached is the signed petition by the majority of the firefighters of Michigan City. (Note: petition on file in the City Clerk’s Office) Corporate Counsel John Espar advised the Board that the item has been moot point by the resignation of Mr. Harris. The following Correspondence was received in the City Clerk’s Office on January 17, 2014 from Keith Harris, 523 Tremont Street: Lt. Neulieb: Over the past six years I have taken my role as a member of the Michigan City Fire Merit Commission seriously and I believe have conducted myself professionally by never missing a meeting and diligently striving to do what I believed to be best for the Commission, the Department and the City of Michigan City. Apparently though, that has not been enough as the union has presented a petition to the board of works to recall me as their appointed member to the commission. Several members of the Department have indicated that this recall was initiated because I would not do what at least some members wanted me to, or as indicated by some that I “would not follow orders”. Quite frankly sir, if what you wanted in your appointment was a “yes man” than I have been the wrong person for the job from the beginning. Because I have too much respect for the work of the Commission and the Department to allow the disruption that an activity such as a recall may create, I am now tending my resignation from the Michigan City Fire Merit Commission effective 5:00pm on Monday, January 20, 2014. Despite our apparent differences, I wish the Commission and the Department continued success as you move forward, and in closing would like to offer one suggestion. Positive changes will continue to come to the Department as time goes by. I would think it to be a benefit to the Department and to the citizens of Michigan City if you and other members were to embrace those positive changes instead of opposing them just because it is a change. Gale Neulieb, City Clerk advised the Board that the resignation letter from Mr. Harris was received after the petition was filed in the City Clerk’s Office; and that the Fire Department will be coming to the Board to set an Election. RETIREMENT – Michigan City Fire Department The following correspondence was received in the City Clerk’s Office on January 13, 2014 from Fire Chief Ron Martin: This letter is to notify the Board of Works the retirement of the following firefighters: Mike Pagels 1-11-2014 25.5 plus years Brian Kubath 1-20-2014 31.5 plus years Steve Kreighbaum 1-20-2014 25 plus years Jeff Santana 1-27-2014 28.5 plus years (Note: For informational purposes only.) Regular Meeting – January 21, 2014 Page 7 CLAIMS AND PAYROLL Michael Palmer moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment as follows: Page Date Amount 1 of 4 01/17/2014 $672,391.14 1 of 1 01/17/2014 $41,491.35 UNFINISHED BUSINESS – Pending Items Pending Item - Sheridan Beach Sewer Separation Cost Analysis Michael Kuss, General Manager for the Michigan City Sanitary District presented the following information to the Board: Re: Sheridan Beach Sewer Separation Cost Analysis During the January 13, 2014, Board of Works Meeting, Councilman Duane Parry expressed concerns about the rational and the cost for the Sheridan Beach Sewer Separation Project. I explained some of the aspects of this project and I offered to present detailed information to the Board at the next meeting. Below I have provided a discussion of the facts and figures for the Board of Public Works. Rationale As I stated on January 13, 2014, the City of Michigan City has illegal stormwater connections to the sanitary sewer in the Sheridan Beach Area. I, and my staff, have spent hundreds of hours identifying, locating, photographing, and mapping each such location. Some are illegal connections that residents maintain and others appear to be city connections. There is little doubt that these connections were made in an attempt to alleviate flooding. However, instead of solving the problem of stormwater, the past administration allowed for these connections to remain and apparently constructed some of these illegal connections. For instance, at Lake Shore Drive and Prairie Ave., there exists a series of storm drains in the street that are connected to the sanitary sewer system. These storm drains overwhelm the downstream sewers, causing unauthorized and prohibited sewage overflows into Trail Creek – not a pretty sight. Additionally, as you are aware, false reports were submitted to the State of Indiana, stating that there were no overflows. This is one of the reasons that the State of Indiana took civil action against the City of Michigan City and why the Federal Government initiated its investigation, which remains pending. Regarding the IDEM Civil Case, the City of Michigan City has made great strides in moving toward compliance. The December 2011, IDEM Notice of Violation and Agreed Order required Michigan City to develop a plan for achieving and maintaining compliance. Our plan was thoughtful and provided the best opportunity for Michigan City to quickly achieve compliance. Remember this plan was not, “How can we go above and beyond?” – this plan was for simply Regular Meeting – January 21, 2014 Page 8 achieving compliance. The question posted at the January 13, 2014 board meeting was, “Were we required to construct the Sheridan Beach Sewer Separation Project?” Absolutely, IDEM required Michigan City to put together a plan that will prevent the unlawful discharges to Trail Creek. There is no way to accomplish this other than to spend some money to correct misdeeds, poor planning, and poor implementation of the past administrations, and no more cost effective way than to separate the sewers. Costs Sheridan Beach Sewer Separation Project In June 2012, Haas & Associates completed a Facilities Assessment of the Michigan City sanitary sewerage system and the wastewater treatment facility. This plan identified a litany of projects and improvements that were needed and the preliminary cost estimate of the High and Medium Priority Items totaled $17,200,000. Realizing that this level of spending was impossible, the Compliance Plan identified approximately $12,000,000 of high priority projects that were necessary to achieve compliance. One of the high priority projects was obviously the Sheridan Beach Sewer Separation Project. This project was estimated at $2,300,000 in the Facilities Assessment – not $400,000 as asserted by Councilman Parry. This estimate included a storm water pumping station on dune beach front land owned by the City. The total bid amount of our Sheridan Beach Sewer Separation Project is $2,122,864. Additionally, the selected plan includes green infrastructure, and is a gravity storm sewer system that does not require the construction of a storm water pumping station on the beach. Needless to say, the fact that the pumping station will not be constructed will save the City hundreds of thousands of dollars over the next several years in energy costs and operation and maintenance costs – savings that can be passed on to the residents of Michigan City. The energy savings and reduction of energy usage are the exact type of programs that President Obama is looking for from cities throughout the United States. This is why his administration allows for a lower interest rate on the loan money for such projects – because it makes good sense. In the end, if the system works as designed, the Citizens will have better storm water utilities, better sanitary facilities, and systems that will prevent untreated sewage from flowing into Lake Michigan. Lake Avenue Pump Station Project Councilman Parry also mentioned the Lake Avenue Pump Station when he addressed the Board on January 13, 2014. The fact is that the current Lake Avenue Sanitary Pump Station is literally crumbling beneath Lake Avenue. A new pumping station must be built and it must meet modern standards. Through the cooperative efforts of the Michigan City Parks Department and Sanitary District the Lake Avenue Pump Station Project grew to include restroom facilities for beachgoers, improved parking facilities in the California Beach Parking Lot, and stormwater green infrastructure infiltration facilities. The total amount of the bid for this entire project is $1,051,800. The portion of the project that is for the Life station and associated sanitary and force main piping is approximately $680,300, which is very close to the estimate of $665,000 contained in the Facilities Assessment. The California parking lot provided an ideal location to construct a Storm Water Infiltration structure and afforded the opportunity for Michigan City to capitalize by improving the parking lot while improving stormwater control at the same time. Benefits The total preliminary cost estimate for the Lave Ave Pump Station and the Sheridan Beach Sewer Separation Projects was $2,965,000, and the total bid amount for these projects is $3,174,664. Through attention to detail and cost benefits analyses, the City will not only have a new pump station and a new storm sewer system, but improved amenities for beachgoers, improved parking, green infrastructure, and a system that will save hundreds of thousands of dollars in operation and maintenance costs. Regular Meeting – January 21, 2014 Page 9 It is true that these projects cost slightly more than preliminary rough estimates. It is also true that large sums of money are being spent on these projects. However, in addition to helping meet the need for properly functioning utilities that comply with federal and state laws, these systems will contribute to the sustainability of our community and enhance the efficiency and effectiveness of our City government. President Janus addressed Lt. Jeff Loniewski, M.C.P.D. Traffic Division asking if there were any scheduled events that would utilize any portion of the areas being addressed by the Sanitary District. Lt. Loniewski addressed the Board stating at this time there are no events scheduled in that area. Pending Item – Fireworks Display 2014 President Janus addressed the Board stating he will work with Corporate Counsel John Espar to put together “spec’s” for the bid, and advertisement of the bid for the July 2014 fireworks. Discussion ensued between the Board, Corporate Counsel Espar and Gale Neulieb, City Clerk on the City’s budget for this item. Pending Item – Door to Door Solicitation Ordinance Russ Hatfield, Code Enforcement Officer addressed the Board stating there have been some situations that have come up; and that he along with Sgt. Chris Yagelski, M.C.P.D. and Terry Borolov, Code Enforcement Officer will be meeting with City Attorney Amber LaPaich to work on the City’s ordinance regarding Door to Door Solicitation, Itinerate Vendor’s License and Transit Merchants to work on the uniform interpretation of the ordinance with the departments responsible for its enforcement. Corporate Counsel John Espar addressed the Board stating he will also work with these individuals to help overhaul the ordinance so it can be presented to the City Council for their consideration of the proposed changes. Mr. Hatfield addressed Counsel Espar explaining that section 26-31 is the current ordinance and the last codification change was done in 1989. Discussion ensued between Counsel Espar and Mr. Hatfield regarding the updating of the ordinance (i.e… hours to be allowed for the solicitation, identification of the vendor, etc…). Old Business – Settlement Agreement with Local 517, Amalgamated Transit Union Corporate Counsel John Espar addressed the Board stating back in January 2013 a Grievance was filed by Amalgamated Transit Union, Local 517 regarding compensation for lunch travel time and the institution of a four (4) day a week bid routes. Counsel Espar advised the Board that they have come to an agreement and presented the agreement to the Board for their acceptance. Counsel Espar explained the department has moved to a different type of shifts; stating they have gone from five (5) eight (8) hour days to four (4) twelve (12) hour days. Regular Meeting – January 21, 2014 Page 10 Michael Palmer made the motion to approve the Settlement Agreement with Local 517, Amalgamated Transit Union. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – Painting of the Lighthouse Corporate Counsel John Espar addressed the Board to update them on the efforts to paint the Lighthouse; stating the project requires, because it is a Federally Historic Structure, the approval of the National Historic Preservation Department within the Department of the Interior, and also the Indiana State Historic Preservation Department. Counsel Espar advised the Port Authority has received the approval of the specification for the painting from the Indiana Department of Natural Resources. Counsel Espar explained the process for the modification or maintenance or improvements as they conform to the National Historic Preservation Act, which will be received shortly and then the Port Authority can bid the project and get the painting done at the earliest opportunity that weather and contractors will permit. Discussion ensued between the Board and Counsel Espar regarding who will be putting the bids out. Counsel Espar explained that this Board has requested that the Port Authority oversee the project, and the Port Authority has undertaken the lead on the project and will put the project out for bid with the Board of Public Works and Safety paying for it. Pending Item – K-9 Adoption Agreement President Janus informed the Board that they have a K-9 Adoption Agreement to approve. Corporate Counsel John Espar informed the Board that he prepared the Agreement and has forwarded it to the affected Officer for his review and consideration; asking the Board for their approval. Counsel Espar explained the Agreement to the Board. Michael Palmer made the motion to approve the K-9 Adoption Agreement as prepared by Counsel Espar. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – Smoking in City Vehicles President Janus addressed the Board stating he will set a date upon which all Department Heads who have vehicles that are owned and operated by the City to come forward and make their recommendations to the Board on whether they will allow smoking to continue to be allowed or not in the City vehicles. Pending Item – Daniel D. Bruce Memorial corrections Craig Phillips, City Planner addressed the Board stating Chris Bohnert from his office is continuing to collect the information necessary to get the bids for the work to be done on the memorial. Mr. Phillips informed the Board that Mr. Bohnert has met several times with the Regular Meeting – January 21, 2014 Page 11 Veterans that are involved in this effort and collected the information that he needs to make the quotes for the project to continue to move forward. Discussion ensued between the Board and Mr. Phillips on how soon the quotes will be ready and presented to the Board. Pending Item – Street signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report on this at the present time. Pending Item – Sale of City Property-US Hwy 20 & Cleveland Avenue adjacent to Fire Station Craig Phillips, City Planner addressed the Board stating the Mayor issued a letter addressing the Sale of the property. President Janus stated there is a Formal Public Hearing set for the February 3, 2014 Board of Public Works and Safety meeting. Corporate Counsel John Espar addressed the Board stating that pursuant to the Statute that provides for the sale of City owned property, the Executive, given the value of this property, has the authority to make the decision to sell it, and the process required a Formal Public Hearing to receive public input. Counsel Espar advised the Board that the Mayor has appointed this Board to conduct the public hearing on the sale of that property. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Phillips regarding the Formal Public Hearing, and the recommendation to sell or not sell the property pending the outcome of the Public Hearing to the Mayor. Pending Item – Ice Cream Parlor Craig Phillips, City Planner addressed the Board regarding the property stating he has no new information at this time and will reach out to the perspective buyer and report back at the next meeting. Mr. Phillips advised the Board that he wants to consult with Corporate Counsel John Espar to decide what the next step should be and who if anyone he needs to communicate with prior to resuming action with regard to the property. Mr. Phillips informed the Board that permits have been requested for Construction Design Release from the State of Indiana and have been issued for the construction of the property. Mr. Phillips explained to the Board that the closing that was supposed to happen back in December, 2013 has not appeared to have happened. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Phillips regarding the approval of the Construction Design Release, and that the Release is in the name of the current owner. Regular Meeting – January 21, 2014 Page 12 Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop, stating in the letters he previously sent out there was a typo in the date and he will be re-sending the letter with a date correction; asking the Board permission to do so. Mr. Peller explained to the Board that there is a “No Build” option that can be utilized if necessary; advising the Board that this option can be used to basically close down the stairway. Mr. Peller went through the options that have been discussed previously with this area; adding that another option would be to build treated lumber stairs over the existing stairway, but this would still be at a cost of what the concrete steps would be, with a savings of maybe $50,000.00. Vice-President Carnes addressed the Board and Mr. Peller stating the reason why this was originally brought before the Board was due to an adjoining property owner wanting to “grade” their lot for building; asking Mr. Peller if anything has been done by the petitioner. Mr. Peller addressed the Board stating the “grading” of the adjacent lot has not taken place due to the instability of the stairway and retaining wall. Mr. Peller further explained that by shutting down the stairway this would solve the “grading” problem and release the City of liability, but would not make the other affected homeowners very happy. Paul Neathammer, 125 Lakeshore Drive addressed the Board regarding the retaining walls and stairway located on Hilltop; and his need/use for the stairway. Pending Item – 515 Union Street-Installation of Street Light in Alley Charles “Spike” Peller, City Engineer addressed the Board stating he is still looking into this and will report back at the next meeting. Pending Item – 704 W. 9th Street-removal of curbing Charles “Spike” Peller, City Engineer addressed the Board stating this will be taken care of when weather permits, sometime in spring 2014. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating this will be addressed again in the spring 2014. Pending Item – Crosswalk Michigan City High School Charles “Spike” Peller, City Engineer addressed the Board stating he is still waiting to receive the grant information. Pending Item – 1010 Providence-Street Light Installation Charles “Spike” Peller, City Engineer addressed the Board stating the installation of a street light is at 1010 Providence Street, and he is working on the legal items for the installation. Regular Meeting – January 21, 2014 Page 13 Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating sewer replacement is still on-going. Pending Item – Controlled Burn-Gene Smith, Smith Farms Gene Smith, Smith Farms addressed the Board asking permission for a controlled burn on his property on US Hwy 12; requesting a burn permit. Mr. Smith explained to the Board that this burn would be exempt by State statute as the property was used for agricultural purposes. Randy Novak, Fire Marshall addressed the Board regarding the request stating he, along with Fire Chief Ronnie Martin met with Mr. Smith and Mr. Joe Core of Tonn & Blank, and discussed the request. Fire Marshall Novak informed the Board that he has had conversations with Mr. Brock down in Indianapolis, who is the head of IDEM; and due to the fact that the land is agricultural they are exempt from getting approval to burn from the State, and our City ordinance says they have to have a State permit, explaining that is not a State permit they need, but State approval. Fire Marshal Novak stated they would need to get a local Fire Permit for the burn. Fire Marshal Novak further explained the Fire Department is going to treat this as though the State has given them permission, so they will meet all the guidelines and this will be supervised by the Fire Department. Vice-President Carnes made the motion to approve the request for the controlled burn. Fire Marshall Novak addressed the Board stating he did contact the Michigan City Airport and the Airport FAA has no regulations, they are part of the people that will be notified prior to the burn; and that the 911 Center will also be notified, along with the Highway Department and adjoining neighbors. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – 124 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 124 Green Street, stating due to the recent weather and holidays he is still trying to reset a meeting with the owner; and will be working on getting a definite plan for the property and will report back when he has more information. Pending Item – 910 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 910 Green Street, stating he has received correspondence from a preservationist company that is working for a bank that did have interest in that property, but after the preservationist went out there and evaluated the property, the bank has decided to walk away. Mr. Hatfield informed the Board that this will be before them for a demolition hearing. Regular Meeting – January 21, 2014 Page 14 Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating he has received no further correspondences on this; and will be scheduling it before this Board accordingly. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating the property is family owned and is hoping they will voluntarily either restart the project and rehabilitate the property, or voluntarily demolish the structure. Mr. Hatfield explained that this property will also be before the Board for a demolition hearing if the owners do not address it. Pending Item – 324 Chestnut Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 324 Chestnut Street, stating this will also be in front of this Board for a demolition hearing. New Business – Memorandum of Understanding for fees to be paid from dog/cat license sales Corporate Counsel John Espar addressed the Board stating the City Council recently amended the Ordinance relating to the distribution of funds that have historically gone to the Humane Society and Freid’s Cat Shelter for services render; explaining that City Attorney LaPaich has prepared Memorandums of Understanding and distributed those to all of the affected agencies. Counsel Espar asked if the City Clerk’s Office has received the M.O.U.’s back. Gale Neulieb, City Clerk addressed Counsel Espar stating that the City Clerk’s Office has not received any of the documents. Counsel Espar stated he will share the documents with the City Clerk’s Office so they can keep an eye out for them. PUBLIC COMMENTS President Janus asked if there were any other comments from the public. There was no response. BOARD COMMENTS President Janus asked if there were any Board comments. President Janus addressed the Board asking that name plates be purchased to identify the Board members. Regular Meeting – January 21, 2014 Page 15 President Janus asked if there were any other Board comments. There was no response. ADJOURNMENT President Janus inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:20 a.m.). Vice-President Carnes made the motion to adjourn. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk