Board of Public Works & Safety

REGULAR MEETING – February 18, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, February 18, 2014 at the hour of 9:10 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 Sgt. Ken Havlin, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Craig Phillips, Planning Director Skyler York, Asst. Planning Director Jeff Deuitch, Human Rights Director Rob Strader, Director Municipal Transit Althea Allen, Asst. Superintendent Central Maintenance 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 Regular meeting of February 3, 2014. Vice-President Carnes made the motion to approve the minutes from the regular meeting of February 3, 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 – Purchase of one (1) Medium to Heavy Duty Bus with option to purchase one (1) additional bus Rob Strader, Director Michigan City Transit Department addressed the Board stating he would not be recommending the lowest bidder, Central States Bus Sales, Inc., due to the following: Review of the technical specifications shows that the bus submitted by Central States does not meet the requirements outlined in the Bid Specifications; the bid is also a little misleading in the technical specs of the Champion bus Page 6 of 8 under the “Heating/Air Conditioning”, it states that the passenger compartment HVAC is “Optional”; which indicates that the bid price is not the actual price of the bus and that an increase would be required to have the specifications required. Mr. Strader stated additionally, there are many areas of the technical specs that the Central States bid failed to meet standards outlined in the specs; for example, on page 1 of 8 in the Central states bid the technical requirements were not met in regards to the batteries and alternator, the requirement was for 1850 cold cranking amps and the bid was for 650 cold cranking amps; the bid provided for “sized to meet the electrical load requirements” rather than what was required. Mr. Strader stated there are several other issues at odds with the requirements of the specs; in addition to these specifications Central states failed to fully comply with the requirements of Exhibit L, and failed to provide the required number of references required by this exhibit in the bid package. Mr. Strader recommended to the Board, that they find the bid submitted by Central States failed to meet the specifications and award the purchase contract to TESCO in the amount of $132,271.00. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Strader regarding the bid specifications and prices; and it was noted that Form 95’s were received in conformity with their bids from each of the bidders to make the bid packets complete. Mr. Strader stated it would cost the City an additional $690.00 under the 80%/20% grant that will be used to purchase this bus. Vice-President Carnes made the motion to accept the bid from TESCO for the purchase of one (1) Medium to Heavy Duty Bus with the option to purchase one (1) additional Bus within 12 months. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. OPENING OF BIDS – 718 E. 11th Street, Jason Mergl-owner Michael Palmer made the motion to close the acceptance of bids. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – February 18, 2014 Page 2 Corporate Counsel John Espar opened the following bids for the demolition and clearance of the structure located at 718 E. 11th Street as follows: -Smith & Sons Excavating, Inc. $9,500.00 -Actin Contracting, LLC $8,810.00 -Phelps Construction $12,900.00 Corporate Counsel Espar recommended the bids be referred to the appropriate departments for review, tabulation and recommendation to this Board at its next meeting. Michael Palmer made the motion to refer the bid packets to the appropriate departments for review, tabulation and recommendation at the next Board of Public Works and Safety meeting. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. POLICY RENEWAL – Tom Cipares, General Insurance – Travelers Crime renewal policy Tom Cipares, General Insurance Services addressed the Board regarding the Commercial Property and Casualty Renewal – policy term 03/01/2014 to 03/01/2015 with Huston Casualty Company; explaining the policy and its coverage; and asked the Board for their approval. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Cipares regarding the specifics of the policy coverage. Mr. Cipares explained that the City is looking into CYBER Liability Insurance coverage to see what it would cost the City, and it would be a stand-alone policy. Mr. Cipares also discussed looking at a policy to cover “loss of gaming revenue” from Blue Chip Casino, and will present it to the Board for consideration once he has found a new policy to cover this. Mr. Cipares also discussed “pollution coverage” which would cover site remediation and third-party liability and will report back to the Board when a policy is available. Michael Palmer made the motion to approve the policy for the Commercial Property and Casualty Renewal for the term 03/01/2014 to 03/01/2015 with Houston Casualty Company in the amount of $617,455.00. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. APPROVAL TO INSTALL MONITORING WELLS – Chris Sloffer, Project Manager Acuity E.S. is requesting to install two (2) permanent monitoring wells in the eastern right-of-way of S. Carroll Avenue The following correspondence was received in the City Clerk’s Office on February 6, 2014 from Chris Sloffer, Project Manager Acuity E.S.: Type of Request: Install two (2) permanent monitoring wells in the eastern right-of-way of S. Carroll Avenue. (See attached figure for proposed monitoring well locations.) Mr. Sloffer addressed the Board regarding the request; asking for their approval. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Sloffer regarding the purpose of the monitoring wells. Mr. Sloffer explained his company is monitoring ground water samples from the Dry Cleaners that were located in the Eastgate Plaza; and that previous investigations were done through drilling soil borings and collecting ground water samples from temporary sites. Vice-President Carnes made the motion to approve the request for the installation of the two (2) permanent monitoring wells on the eastern right-of-way on S. Carroll Avenue. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Corporate Counsel John Espar stated the approval would be subject to the License Agreement that Corporation Counsel will draft for this purpose. Vice-President Carnes withdrew her first motion; and made the motion to approve the request for the installation of the two (2) permanent monitoring wells on the eastern right-of-way on S. Carroll Avenue subject to the Licensing Agreement. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST FOR WALK – Dunebrook, Inc. requests to have the annual Dunebrook’s Prevent Child Abuse Awareness Walk on Saturday, April 5, 2014 from 10:00 a.m. to 12:00 noon The following correspondence was received in the City Clerk’s Office on January 31, 2014 from Elise Nothstine, Dunebrook, Inc.: Type of Request: Police escort for street crossings for Dunebrook’s Prevent Child Abuse Awareness Walk. The walk begins at Ames Filed and would go north via Franklin Street to 4th Street and turn around for return to Ames Field via Franklin Street. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board explaining they will be using one (1) on-duty Police Officer to help with the pedestrian street crossing; and recommended approval of the event. Regular Meeting – February 18, 2014 Page 3 Michael Palmer made the motion to approve the request from Dunebrook, Inc. for the annual Awareness Walk on April 5, 2014 from 10:00 a.m. to 12:00 noon. 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 FOR WALK – Samaritan Counseling Center requests to have the annual 5K Skedaddle on Saturday, April 26, 2014 beginning at 9:00 a.m. The following correspondence was received in the City Clerk’s Office on January 31, 2014 from CeeCee Kaylor, Executive Director, Samaritan Counseling Centers: We invite you to attend our 11th annual Samaritan Counseling Center 5K Skedaddle. We expect over 600 runner/walker participants and volunteers on Saturday, April 26, 2014. It will start at 9 a.m. but we gather around 8 a.m. for set up and registration. We humbly ask that Board of Public Works and Safety to approve our request to hold the 11th annual Skedaddle starting at First Presbyterian Church on 8th and Washington Street. The course is on paved streets down 9th Street to Pine over the bridge and around the Senior Center & back down Washington finishing at the starting line. We would like your permission to proceed with our community event/fundraiser. If there is any further information needed, please let me know and I will be glad to provide it. I will attach a poster/flyer in a future email & will send some to City Hall when they are ready. Thank you for putting this request for permission on your February agenda for the Board. For more sign up information go to www.skedaddle.org. We very much appreciate your annual support. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board regarding the request, stating the Police Department spent approximately $719.95 in overtime for this event. Sgt. Havlin informed the Board that the event is well organized and will be using the same route as last year, and anticipate spending approximately the same amount in overtime to staff the event this year; and recommended approval of the event. Vice-President Carnes made the motion to approve the 11th Annual Samaritan 5K Skedaddle on April 26, 2014. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. ORDER TO DEMOLISH – 324 Douglas Street, Leona & Lawrence Carter-owners Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 324 Douglas Street, presenting each Board member with a packet of information pertaining to the property. Mr. Hatfield informed the Board that the title search shows the taxes are delinquent and there have been no previous permits issued to the property. Mr. Hatfield went on to explain that the utility disconnects are as follows: water disconnected August 2007; gas meter removed March 2010; electric meter removed in August 2007; and that he received a call from the daughter of Duane Norman who wants nothing to do with the property. Mr. Hatfield informed the Board that the Inspection Department has reached out to the Bank, Citi Mortgage, to comply with the Vacant Housing Registration and they responded that they do not intend to serve assistance with this property and that the owner is solely responsible for any violations. Mr. Hatfield stated the property owners are listed as Lawrence and Leona Carter; that Lawrence Carter is deceased, and that he has gotten no response from Leona Carter or the other parties of substantial interest. Mr. Hatfield gave a summary of the property Vector Control responses, the condition of the property and informed the Board that the Inspection Department did an emergency demolition of the garage structure that was located on this property. Mr. Hatfield asked the Board to be allowed to continue with the demolition process. President Janus asked if there was anyone from the public that would like to address this matter. There was no response. Vice-President Carnes made the motion to allow Mr. Hatfield to continue with the demolition process for 324 Douglas Street. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Corporate Counsel John Espar addressed Mr. Hatfield asking if he was continuing the demolition process by soliciting bids for the demolition. Mr. Hatfield replied that was correct and that the CDBG (Community Development Block Grant) Office will be contributing additional funding towards this demolition. Vice-President Carnes made the motion to approve the advertising to solicit bids for the demolition of the structure at 324 Douglas Street. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. ORDER TO DEMOLISH – 324 Chestnut Street, Alice Holye-owner Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 324 Chestnut Street; stating the property is owned by Alice Hoyle; and presented each Board member with a packet of information pertaining to the property. Mr. Hatfield introduced Mr. Robert Hoyle, who is a representative for Ms. Alice Hoyle, to the Board. Robert Hoyle, 7252 N. 500 W., addressed the Board asking to be allowed to demolish the structure himself; asking for 45 days to complete the demolition. Regular Meeting – February 18, 2014 Page 4 Discussion ensued between the Board, Corporate Counsel Espar, Mr. Hatfield and Mr. Hoyle regarding the demolition timeline and the permit that will be issued; the Board agreed to give Mr. Hoyle 60 days to complete the demolition. President Janus asked if there was anyone from the public that would like to address this matter. There was no response. Corporate Counsel John Espar recommended to the Board that they complete their hearing on the property today; affirm the Order to Demolish based upon the condition of the structure; and then give the property owner 60 days to do a personal demolition of the structure; then this Board will be poised 60 days hence to move forward with the solicitation of bids if necessary. Mr. Hatfield continued explaining to the Board the condition of the structure/property, stating the taxes are unpaid and delinquent; no permits were issued for updates to the structure recently; utility disconnects for the water shut off occurred in July 2000, gas and electric meters were removed December 2012, the Order to Demolish was filed with the City Clerk’s Office on January 30, 2014 and publications ran according to State guidelines. Mr. Hatfield explained the packet of information that he presented to the Board. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Hatfield regarding the property not being up to code, structurally unsound, vacant and an uninhabitable/unsafe structure. Michael Palmer made the motion to affirm the Order to Demolish with the understanding that there is a voluntary demolition by the son of the property owner; and allow 60 days from today to complete the voluntary demolition and if not to allow Mr. Hatfield to solicit bids after the 60 days. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. ORDER TO DEMOLISH – 910 Green Street, James & Millie Gast-owners Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 910 Green Street, presenting each Board member with a packet of information pertaining to the property; stating the property owners are James & Millie Gast. Mr. Hatfield informed the Board that this property has been before the previous Board on numerous occasions; stating there have been permits issued, but there has been no construction activity to bring this structure up to minimal building standards in the past two (2) years. Mr. Hatfield explained the packet of information that he presented to the Board – new roof was put on in March 2008, but no inspection was called for; electric inspection in March 2008 did not pass; water has been shut off since November 2005; gas and electric were disconnected in 2007; October 2006 a previous Order to Demolish was issued. Mr. Hatfield informed the Board that under Counsel Espar’s advisement he did file a New Order to Demolish on January 30, 2014, and updated title work was order October 31, 2013. Mr. Hatfield supplied the Board with copies of the mailings that were sent out to parties of substantial interest; stating notice was left for James & Millie Gast on February 4, 2014, but he has not received written notification through this process from the Post Office. Mr. Hatfield went on to tell the Board that the wiring and furnace are not up to code; and that with this demolition there will have to be asbestos testing done per IDEM regulations. President Janus asked if there was anyone from the public that would like to address this matter. There was no response. Michael Palmer made the motion to proceed with the Order to Demolish 910 Green Street and authorize the solicitation of bids for the demolition. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. PERFORMANCE BOND REQUESTED – Old Lighthouse Museum – Property MD’s Home Improvement LLC (Note: TABLED at the December 16, 2013 meeting) President Janus addressed the Board stating to his knowledge the requested Performance Bond has not yet been received; and the item will stay TABLED until the next meeting. CENTRAL MAINTENANCE – Ben Neitzel, Superintendent Central Maintenance Department requests to seek price quotes for an emergency generator for the Central Maintenance facility (Note: For Information Only) The following correspondence was received in the City Clerk’s Office on February 11, 2014 from Ben Neitzel, Superintendent Central Maintenance Department: I request to be placed on the Board of Works agenda for the upcoming meeting scheduled Tuesday, February 18th. I am asking for approval to seek price quotes for an emergency generator for the Central Maintenance facility per IC 5-22-2. The funding has been approved by the City Council under Ordinance number 4295 and Mayor Meer has approved the seeking of quotes on 2-10-2014. Michael Palmer made the motion to authorize the Superintendent of Central Maintenance to seek quotes for a generator for the Central Maintenance facility. The motion was seconded by Vice- Regular Meeting – February 18, 2014 Page 5 President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CORRESPONDENCE – Mayor Ron Meer regarding the sale of property adjacent to Cleveland Avenue Fire Department – parcel #: 460504451009000009 The following correspondence was received in the City Clerk’s Office on February 5, 2014 from Mayor Ron Meer: Dear Board, It is my understanding that Craig Phillips, City Planner, has received two (2) appraisals regarding the sale of the aforementioned property. I have enclosed copies of said appraisals herein for your review. As you can see, both appraisals value the aforementioned property under $50,000.00, and as a result thereof, the City does not require permission from the Common Council before we proceed any further on this matter, rather, only my permission to proceed forward is required. Pursuant to Indiana law, it is my understanding that you conducted a formal public hearing regarding the sale of this property on February 3, 2014. Following the public hearing, your board made a motion to recommend the sale of this property and referred the recommendation to my office. Please be advised that your board has my approval and permission to move forward with the sale of said property. Corporate Counsel John Espar addressed the Board explaining the process that has taken place so far regarding the sale of the property per State Statute; stating the next step in the process is to solicit for bids for the sale of the property. Corporate Counsel Espar stated he will work with the Clerk’s office to lay out the appropriate process if this Board now moves in that direction. Vice-President Carnes made the motion to advertise for bids for the sale of City property adjacent to the Cleveland Avenue Fire Department. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CORRESPONDENCE – From Mayor Meer regarding the 2014 Fireworks Display The following correspondence was received in the City Clerk’s Office on February 10, 2014 from Mayor Ron Meer: Dear Board and City Controller’s Office: Due to the financial situation facing the City of Michigan City, effective today, I am putting a moratorium on the 2014 Michigan City fireworks display that was scheduled to take place on Sunday, July 13, 2014. The cost of the fireworks display alone is $25,000.00. There is approximately another $25,000.00 of incurred cost to the city in the form of overtime for police, fire, park department and other city services needed prior to, during, and after this event. Saving the city approximately $50,000.00 in total and approximately $25,000.00 in overtime, will allow us to utilize this money, especially overtime money, for higher priority items, such as putting more police patrols on the streets of our city. This moratorium on the 2014 fireworks display will not affect any other Michigan City Summerfest activities. In addition, this moratorium will be on a year to year basis and I will reevaluate the return of the fireworks display in 2015. (Note: For Informational purposes only) GRIEVANCE – Michigan City Firefighters Local 475 Corporate Counsel John Espar addressed the Board stating following the last meeting of this Board, he has put together a proposal and forwarded it the Fire Chief for his consideration; due to the Fire Chief being on vacation he has not received a response. Counsel Espar asked the Grievant and the Union Representative if they would like to continue this proceeding to consider what he had forwarded to the Fire Chief as a possible means of resolving this issue. Mike Neulieb, President of Local Union 475 addressed the Board stating they would like to see the proposal. Discussion ensued between the Board and Corporate Counsel Espar regarding the proposal being forwarded to the Union for consideration. Corporate Counsel Espar stated he is waiting to hear from the Fire Chief to consider his input on the issue before formally tendering the proposal to the Union. 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. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Regular Meeting – February 18, 2014 Page 6 Page Date Amount 1 of 8 02/07/2014 $403,387.64 1 of 4 02/14/2014 $203,543.76 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 02/13/2014 $625,525.56 1 of 1 02/18/2014 $30,007.85 UNFINISHED BUSINESS – Pending Items Pending Item - Fireworks Display 2014 President Janus addressed the Board stating this issue can be taken off the Pending Item list as the Mayor has put a moratorium on the Fireworks display for 2014. Pending Item – Smoking in City Vehicles President Janus addressed the Board stating he still needs to schedule meetings with the Department Heads to discuss smoking in city vehicles; and will address this at the next meeting. Pending Item – AT&T License Agreement to utilize City right-of-way Corporate Counsel John Espar addressed the Board stating he has forwarded to them a License Agreement, and has received some feedback from their legal department and they are working on the terms of the License Agreement. Pending Item – Door to Door Solicitation Ordinance Corporate Counsel John Espar addressed the Board stating this item does not need to be kept on the Pending Item list as City Attorney LaPaich is working with the City Council to overhaul the ordinance. Pending Item – Painting of the Lighthouse Corporate Counsel John Espar addressed the Board regarding the Painting of the Lighthouse, stating the Port Authority Board has received both State and Federal approval for the specification for the project; and the Port Authority is in the process of formulating the solicitation of bids to receive proposals/bids on the painting. Pending Item – Daniel D. Bruce Memorial corrections Craig Phillips, City Planner addressed the Board stating there is nothing new to report at this time; his office has continued to work diligently on this with the veterans that are involved with the project and are continuing to solicit the information and quotes that are needed for that project; and working with the Mayor’s Office. Pending Item – Installation of Trail Creek signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report at this time on the installation of the Trail Creek signs. Pending Item – City Street signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report on the City Street signs at this time. Pending Item – Sale of City Property-US Hwy 20 & Cleveland Avenue adjacent to Fire Station Craig Phillips, City Planner addressed the Board regarding the sale of city property at US Hwy 20 & Cleveland Avenue stating he will make sure that Corporate Counsel gets the information necessary to draw up the bid documents. Pending Item – Ice Cream Parlor Craig Phillips, City Planner addressed the Board regarding the property stating his department will be have an internal meeting to discuss the demolition process associated with this property. Regular Meeting – February 18, 2014 Page 7 Pending Item – Sheridan Beach Charles “Spike” Peller, City Engineer addressed the Board regarding the Sheridan Beach sewer project; stating this project is continuing as weather permits. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Peller regarding this being a Sanitary District project. President Janus stated the item can be removed from the Pending Item list. Pending Item – 515 Union Street-Installation of Street Light in Alley Charles “Spike” Peller, City Engineer addressed the Board stating he is working with NIPSCo and will report back at the next meeting. Pending Item – 1010 Providence-Street Light Installation Charles “Spike” Peller, City Engineer addressed the Board regarding the installation of a street light at 1010 Providence Street; stating Corporate Counsel Espar has provided a signed easement from the property owners so he can go ahead with this. 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 – 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 – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating this will be addressed again in the spring 2014. 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. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop, stating the “certified” letters have been received by the property owners, who are present here today to discuss the matter. Mr. Peller read the letter as follows: To Whom It May Concern: The City of Michigan City is considering options for the rehabilitation or reconstruction of the 10’ easement adjacent to your property. Among the options include do nothing, vacate the easement and deed to adjacent property owners, remove the steps and stabilize the slope as shown in a previous correspondence at a cost of about $50,000.00, remove existing stairs and retaining walls and construct new concrete stairs and retaining walls at a cost of about $250,000.00, or remove the steps and stabilize the slope and construct pressure treated wood stairs above ground at a cost of about $200,000.00. The Board of Works will discuss options and make recommendations at the Tuesday, February 18, 2014 Board of Works regularly scheduled meeting. Meetings start at 9:00 a.m. local time at City Hall, in the Council Chambers, 100 East Michigan Boulevard, Michigan City, IN 46360. This letter is being sent to the four adjacent property owners. If you know of other residents in the area that may use the stairs, please notify them of the Board of Works meeting where this item will be discussed. Mr. Peller went on to inform the Board that none of the aforementioned solutions address ADA requirements. Mr. Peller stated his recommendation would be to take out the stairs in the middle, spend the $50,000.00 to stabilize the slope, and leave the stairs at the top and bottom for the property owners to continue to use as access to their homes and eliminate the liability factor. Cecelia Thunander, 200 Hilltop addressed the Board regarding her concerns with the stairway and the solutions that are being proposed by the City Engineer. Paul Niethammer, 125 Lake Shore Drive addressed the Board regarding his concerns with the stairway and the solutions that are being proposed by the City Engineer; further stating the stairway is his only access to his home, and how it will affect his property. Mr. Niethammer informed the Board there is a property owner who wants to improve his portion of the land with Regular Meeting – February 18, 2014 Page 8 Deutscher Construction, who brought this matter to the Board so the City could make improvements there. Discussion ensued between the Board, Corporate Counsel John Espar, Mr. Peller and the adjacent property owners regarding solutions to this matter. Corporate Counsel Espar addressed the Board and Mr. Peller asking if a cost sharing arrangement with the adjacent property owners has been proposed; and suggested this option be explored. Counsel Espar stated that space is a big concern with any kind of construction in this area; and expressed his concern with the liability of the stairs. Mr. Neithammer asked the Board if a cost sharing arrangement is going to be proposed that the items be estimated for each adjacent property owner for their portion of their property. Mrs. Thunander asked the Board to be included in any conversations regarding proposals to the stairway. President Janus inquired if a Workshop should be called with the Board members, the Mayor and the City Engineer to see what the City can do in regards to this matter. Pending Item – 124 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 124 Green Street, stating he is still trying to meet with the owner to see what his plans for the property will entail and get a solid plan together and that report back to this Board. Pending Item – 910 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 910 Green Street, stating this was discussed earlier in the meeting and can be removed from the Pending Item list. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating this is still in the review process to decide if it will be going through the demolition hearing process or if he can find someone to be accountable for that property and bring it up to minimal building standards. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating he did speak with the owners, and the property is jointly owned. Mr. Hatfield explained they will be cooperative on either demolishing the structure or rehabilitating it voluntarily. Pending Item – 324 Chestnut Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 324 Chestnut Street, stating this was discussed earlier in the meeting and can be removed from the Pending Item list. New Item – 324 Douglas Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 324 Douglas Street, stating this was discussed earlier in the meeting and can be removed from the Pending Item list. President Janus addressed Mr. Hatfield regarding the property on 11th street; asking when did the Board have a hearing on it. Mr. Hatfield addressed the Board stating the hearing was back in October, 2013, but due to funding not being available the process was delayed; and the Mortgage Company and the owner have both walked away from the property. 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 other Board comments. There was no response. ADJOURNMENT Regular Meeting – February 18, 2014 Page 9 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 10:55 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