Board of Public Works & Safety

REGULAR MEETING – March 17, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, March 17, 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 Loniewswki, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Jeff Deuitch, Human Rights Director Rob Strader, Director Municipal Transit Ben Neitzel, Superintendent Central Maintenance Chief Mark Swistek, M.C. Police Department Asst. Chief Tim Richardson, M.C. Police Department Bob Zondor, Superintendent Central Services Frank Seilheimer, City Forester Jim Micheals, Sanitary District Arber Himaj, Sanitary District Jan Orlich, Superintendent Park Department Shannon Eason, Administrative Director Park Department Craig Phillips, City Planner 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 March 3, 2014. Vice-President Carnes made the motion to approve the minutes from the regular meeting of March 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. Regular Meeting – March 17, 2014 Page 2 AWARDING OF BID – 2014 Landscape Contract Frank Seilheimer, City Forester addressed the Board recommending the bid be awarded to Lakeshore Landscaping Inc. as submitted below: -Lakeshore Landscaping Inc. total bid - $135,095.30 Franklin Street from 11 Street to Coolspring Ave th $24,969.25 Franklin Square $24,954.10 Michigan Boulevard $73,265.85 Ice House & Weber Sign $4,955.45 Memorial Hospital Redevelopment Corridor $6,950.65 Michael Palmer made the motion to award the contract to Lakeshore Landscaping Inc. in the amount of $135,095.30. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. OPENING OF BIDS – 324 Douglas Street – Owners: Leona & Lawrence Carter President Janus asked if there was anyone from the public who would like to submit a bid at this time. There was no response. Michael Palmer made the motion to close the acceptance of the bids for the demolition of 324 Douglas Street. 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 opened the following bids: Phelps Construction $6,940.00 Actin Contracting LLC $6,300.00 Corporate Counsel John Espar recommended the Board refer the bids to the appropriate departments for review, tabulation and recommendation at the Board’s next meeting. Michael Palmer made the motion to refer the bids to the appropriate departments for review, tabulation and recommendation at the Board’s next 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. OPENING OF BIDS – 910 Green Street – Owners: James & Millie Gast President Janus asked if there was anyone from the public who would like to submit a bid at this time. There was no response. Michael Palmer made the motion to close the acceptance of the bids for the demolition of 910 Green Street. 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 – March 17, 2014 Page 3 Corporate Counsel John Espar opened the following bids: Smith & Sons Excavating, Inc. $8,000.00 Phelps Construction (see letter below) Actin Contracting, LLC $12,000.00 Letter to the Board from Phelps Construction, dated March 17, 2014, was read by Corporate Counsel John Espar as follows: On November 27, 2006, I submitted a bid to demolish the structure at 910 Green Street in Michigan City for the amount of $10,800.00. My bid was accepted. I moved my demolition equipment to the job site. I was then told that the Board had decided to give the property owners more time to repair the structure so my equipment was removed from the job site. I was called two or three years ago and asked if my bid was still good and I stated that it was. Again the property owners were given more time to repair the structure. Now there has been another invitation to bid on this property. I should be awarded this project because my original bid was already accepted by the Board. When I submit a bid, I do so with good faith, assuming that the other party is also operating with good faith. This is not the first time that the City has accepted my bid on a project then put out another invitation to bid on the same project. My question to the Board is this, “Does the City of Michigan City operate with good faith or not?” Counsel Espar recommended the Board refer the bids to the appropriate departments for review, tabulation and recommendation at the Board’s next meeting. Vice-President Carnes made a motion to refer the bids to the appropriate departments for review, tabulation and recommendation at the Board’s next meeting. 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 – 904 E. Michigan Boulevard – Owner: Hezkiah Bush, Jr. a/k/a Hezkiah Bush and Betty Lemons, Citimortgage Inc. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the structure located at 904 E. Michigan Boulevard; presenting each Board member with a packet of information on the property. Mr. Hatfield explained the packets and asked the Board to be allowed to continue with the demolition process for this property. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Hatfield regarding any building code violations issued, and the process to determine the status of structures. Vice-President Carnes made the motion to proceed with the demolition process for 904 E. Michigan Boulevard as it is an unsafe, uninhabitable structure and a public nuisance. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. RESOLUTION – Approving the Transfer of Park Benches, Trash Cans, and Light Poles along Franklin Street to the Michigan City Parks and Recreation Department MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY Regular Meeting – March 17, 2014 Page 4 RESOLUTION NO. 2805 APPROVING THE TRANSFER OF PARK BENCHES, TRASH CANS, AND LIGHT POLES ALONG FRANKLIN STREET TO THE MICHIGAN CITY PARKS AND RECREATION DEPARTMENT WHEREAS, on Franklin Street, specifically from 4th Street to 9th Street, the City of Michigan City, Indiana owns park benches, trash cans, and light poles; WHEREAS, this year, the City will be replacing said existing park benches, trash cans, and light poles with new park benches, trash cans, and light poles; WHEREAS, the City has determined that at least seven (7) of said existing park benches will be moved to the Daniel Bruce Memorial, which is located in front of the Port Authority in Michigan City; WHEREAS, thereafter, the City has determined that it does not need the remaining existing park benches, trash cans, and light poles; WHEREAS, the Michigan City Parks and Recreation Department has a need for the remaining existing park benches, trash cans, and light poles for use in Washington Park; WHEREAS, I.C. 36-1-11-8 allows a governmental body to transfer property with another governmental body upon terms and conditions agreed upon by both entities as evidenced by adoption of a substantially identical resolution by each entity; and WHEREAS, the Board of Public Works & Safety reasonably believes that the existing park benches, trash cans, and light poles should be transferred to the Michigan City Parks and Recreation Department. NOW, THEREFORE, BE IT RESOLVED by the Michigan City Board of Public Works & Safety as follows: 1. The aforementioned “Whereas” sentences are incorporated herein as if fully set forth herein. 2. The Board of Public Works & Safety approves the transfer of the existing park benches, trash cans, and light poles on Franklin Street, specifically from 4th Street to 9th Street, to the Michigan City Parks and Recreation Department. 3. This Resolution shall be in full force and effect after passage by the Michigan City Board of Public Works & Safety. Adopted by the Board of Public Works & Safety of the City of Michigan City, Indiana by a vote of ___3-0______ this __17th day of ___March_______, 2014. /s/ Stephen Janus, President /s/ Sharon Carnes, Member /s/ Michael Palmer, Member ATTEST: /s/ Gale Neulieb, City Clerk Michigan City, Indiana Prepared by the City Attorney’s Office Upon Request Jan Orlich, Superintendent Park Department addressed the Board regarding the Resolution; stating the Park Board has prepared and passed a similar Resolution; asking the Board for their approval. Vice-President Carnes made the motion to adopt the Resolution Approving the Transfer of Park Benches, Trash Cans, and Light Poles along Franklin Street to the Michigan City Parks Regular Meeting – March 17, 2014 Page 5 and Recreation Department. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. RESOLUTION – Authorizing the Sale of the Former Memorial Hospital Real Estate to the Michigan City Redevelopment Commission MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. 2806 AUTHORIZING THE SALE OF THE FORMER MEMORIAL HOSPITAL REAL ESTATE TO THE MICHIGAN CITY REDEVELOPMENT COMMISSION WHEREAS, the Michigan City Redevelopment Commission (the “Commission”) governing body of the City of Michigan City Department of Redevelopment (the “Department”) and the Redevelopment District of the City of Michigan City, Indiana (the “Redevelopment District”), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in I.C. 36-7-14, as amended from time to time (the “Act”); and WHEREAS, the City of Michigan City (the “City”) currently holds title to certain vacant parcels of real estate (formerly known as and herein referred to as the “Memorial Hospital Property”) located wholly and exclusively within a certain city block encompassed by Fifth, Sixth, Pine, and Spring Streets, consisting of eleven (11) enunciated parcels having the following identification numbers: 460129282016000022 460129282007000022 460129282006000022 460129282005000022 460129282002000022 460129282001000022 460129282003000022 460129282004000022 460129426001000022 460129426010000022 460129426004000022 All of which when combined, result in an aggregate total amount ranging between 2.2 and 2.6 acres; and WHEREAS, the Commission presently owns substantial real estate in the immediate area of the Memorial Hospital Property which is the result of the ongoing efforts of the Commission to acquire real property in the immediate area of the Memorial Hospital Property for urban renewal and developmental purposes; WHEREAS, the City has determined that the sale of the Memorial Hospital Property to the Commission to be added to the inventory of Commission property in the area for the stated developmental purposes of the Commission, is in the bests interests of the City; WHEREAS, the City is, therefore, desirous of selling same for good and valuable consideration; and WHEREAS, pursuant to I.C. 36-7-14-11, it is the duty of the Commission to promote the use of land within its jurisdiction in a manner that best serves the interests of the City and its inhabitants, and to such end, select and acquire those areas needing redevelopment; and WHEREAS, as set for the in I.C. 36-7-14-12.2 (a)(1), the Commission is empowered and authorized to acquire by purchase, any interest in real property needed for the redevelopment of areas so needing redevelopment, which may be located within the corporate boundaries of the unit; and Regular Meeting – March 17, 2014 Page 6 WHEREAS, the Commission has heretofore investigated, studied, and surveyed that area within which the Memorial Hospital property is situated, and concluded that such property is integral and essential to the overall redevelopment plans of the surrounding area; and WHEREAS, pursuant to I.C. 36-1-11-8, the City and the Commission may effect the transfer or sale of real estate such as the Memorial Hospital Property pursuant to any terms or conditions, as well as for any amount of consideration which may be mutually agreed upon by the entities; and WHEREAS, based upon an analysis of sale transactions for similar real estate situated within the surrounding geographic area, the Commission and the City have concluded and agreed that the Memorial Hospital Property has a fair market value of Seven Dollars ($7.00) per square foot; and WHEREAS, on March 10, 2014, the Commission passed Resolution 3-14 entitled a Resolution of the Michigan City Redevelopment Commission Authorizing the Acquisition of Former Memorial Hospital Real Estate authorizing the purchase of the Memorial Hospital Property from the City for the fair market value of Seven Dollars ($7.00) per square foot. NOW, THEREFORE, BE IT RESOLVED BY THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY AS FOLLOWS: 1. The aforementioned “Whereas” sentences are incorporated herein as if fully set forth herein. 2. The Michigan City Board of Public Works and Safety (the “Board”) hereby finds and determines that the Commission’s acquisition of the Memorial Hospital Property will be of public utility and benefit, and will be consistent with, and in furtherance of the general plan and intent of redevelopment of property situated in the downtown area of Michigan City. 3. The Board hereby finds and determines that a proper survey shall be performed on the entirety of the Memorial Hospital Property for the purpose of establishing a precise square footage and acreage amount, which shall then be utilized to determine the precise dollar amount (based upon a value of seven dollars ($7.00) per square foot) as sufficient and appropriate consideration to be tendered to the City in return for the transfer of title, possession, and ownership of the entirety of all parcels heretofore described, subject to such encumbrances, easements, restrictions and covenants of record. 4. The Board further finds and determines that its President is hereby authorized to execute any and all documents or otherwise engage in any action necessary to conclude all transactions required to effect the sale and transfer of title of the Memorial Hospital Property to the Commission. 4. All orders or resolutions in conflict herewith are hereby rescinded, revoked, and repealed insofar as such exists. 5. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offense committed, or proceedings begun before the effective date of this Resolution. Those rights, liabilities, penalties and proceedings continue and shall be imposed and enforced under superseded resolutions as if this Resolution had not been enacted. Adopted by the Board of Public Works & Safety of the City of Michigan City, Indiana by a vote of __3- 0________ this _17th _ day of __March________, 2014. /s/ Stephen Janus, President /s/ Sharon Carnes, Member /s/ Michael Palmer, Member ATTEST: /s/ Gale Neulieb, City Clerk Michigan City, Indiana Prepared by the City Attorney’s Office Upon Request Regular Meeting – March 17, 2014 Page 7 Corporate Counsel John Espar addressed the Board explaining the Mayor’s decision to sell the property that was the former Memorial Hospital property to the Redevelopment Commission due to financial constraints at $7.00 per square foot; making available a source of funding for the Engineering Costs involved in moving forward with a new Police Department. Counsel Espar stated that a Resolution has been passed by the Redevelopment Commission with regards to the sale of the property. President Janus asked if there was anyone from the public who wished to speak on this matter. There was no response. Michael Palmer made the motion to approve the Resolution authorizing the sale of the former Memorial Hospital Real Estate to the Michigan City Redevelopment Commission. 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 ROAD CLOSURE – Dave Pfeiffer, St. Paul Lutheran Church and School is requesting to utilize the parking lanes on the north side of 9th Street between Franklin and Pine Streets on Friday, April 4, 2014 from 4:00pm to 7:00pm for “drive up” pick up lane for Annual Jonas Fish Fry The following correspondence was received in the City Clerk’s Office on February 27, 2014 from Dave Pfeiffer, St. Paul Lutheran School and Church: I would like an item added to the March, 2014 agenda. St. Paul Lutheran Church and School is holding its 4 th annual Jonas Fish Fry on Friday, April 4th, 2014 from 4:00 P.M. to approximately 7:00 P.M. at the church and school location. Our request is to duplicate what we have done in previous years and that is to utilize the parking lanes on the north side of 9th street between Franklin St. on the west and Pine St. on the east for a “drive-up” pick up lane. We implemented traffic cones, signage and have an attendant present to assist traffic. There have been no problems in years past and we anticipate none. All regular “dine-in” patrons will utilize the normal church/school parking areas. Thank you for anticipated cooperation, and if you have any questions, feel free to contact me. Dave Pfeiffer from St. Paul Lutheran School and Church addressed the Board regarding the request; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request; stating there have been no problems and recommended approval. Vice-President Carnes made the motion to approve the request to utilize the parking lanes on the north side of 9th Street between Franklin and Pine Streets on Friday, April 4th, 2014 from 4:00pm to 7:00pm for the Annual Jonas Fish Fry. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO HOLD WALKATHON – Shanetta Jordon requests to hold the 2nd annual Sarcoidosis Walk on Saturday, April 19, 2014 from 2:00pm to 4:00pm The following correspondence was received in the City Clerk’s Office on March 3, 2014 from Shanetta Jordon: Regular Meeting – March 17, 2014 Page 8 Type of Request: 2nd Annual Sarcoidosis Walk. We will walk from Gazebo in Washington Park to City Hall and back. Shanetta Jordon, 3114 Edgebrook Drive addressed the Board regarding the request; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the Walkathon stating this event does not cost the City any money for overtime as they use the sidewalks; and recommended approval of the event. Vice-President Carnes made the motion to approve the 2nd annual Sarcoidosis Walk on Saturday, April 19, 2014 from 2:00 p.m. to 4:00 p.m. from the Gazebo to City Hall. 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 POLICE ESCORT – Dan Kuepker is requesting “Police Escort” on May 20, 2014 beginning at 3:45pm from Harley Davidson Dealer on 421 to Daniel D. Bruce Memorial in Washington Park; and again on May 21, 2014 beginning at 8:00am from American Legion Skwiat Post to Harley Davidson Dealer on 421 The following correspondence was received in the City Clerk’s Office on March 10, 2014 from Dan Kuepker, 5776 E. Oak Knoll Road, Rolling Prairie: On 20 May 2014 at approximately 3:45pm, the NVAR will be at the Harley Davidson Dealer on 421. We will need a Police escort from the Harley Shop to the Daniel Bruce Memorial. There will be approximately 100 participants in the ride to the Memorial in Washington Park. On 21 May 2014 at 8:00 AM the NVAR will need a Police escort from the American Legion Skwiat Post to the junction of IN 421 to the Harley shop. Dan Kuepker, 5776 E. Oak Knoll Road, Rolling Prairie addressed the Board regarding the request; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request; stating they use little to no overtime for this event, and are glad to help the veterans out with this organization/benefit; and recommended approval. Michael Palmer made the motion to approve the request for police escort on May 20th at 3:45 p.m. and on May 21st at 8:00 a.m. 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 HANDICAP PARKING SIGN – Michael Grochowski, 119½ E. Warren Street is requesting a Handicap Parking Sign be installed in front of his residence The following correspondence was received in the City Clerk’s Office on March 11, 2014 from Michael Grochowski, 119½ E. Warren Street: My name is Michael Grochowski and I just moved to Michigan City and have bad knees. I have handicap license plate but it does me no good at my apt that I rent it is street parking … Is there anyway we can get a handicap spot? By my apt? My address is 119½ E. Warren Street, Michigan City 46360 …. Please and thank you Sincerely Michael Grochowski Regular Meeting – March 17, 2014 Page 9 Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating the Mayor and this Board have placed a moratorium on the installation of handicap parking signs due to the new ADA requirements; and recommended no action be taken on this request. Discussion ensued between the Board, Corporate Counsel John Espar and Charles “Spike” Peller, City Engineer regarding the new ADA accessibility requirements and design requirements pertaining to the installation of Handicap Parking Signs for residential use. Corporate Counsel Espar stated it was his recommendation to the Board that it refrain from the approval of Handicap parking signs unless the Board finds the means to otherwise make the space conform to the design requirements for handicap parking that are imposed upon private property owners when handicap parking is designated. Charles “Spike” Peller, City Engineer addressed the Board stating he has requested information from the access board federal agency who has not responded yet; and he is still looking into it and will report back any new information he receives to the Board. Note: The Board did not act upon the request. REQUEST FOR STREET LIGHT – Mary Stark, 112 Davis Drive is requesting a street light be installed The following correspondence was received in the City Clerk’s Office on March 11, 2014 from Mary Stark, 112 Davis Drive: It is with great sincerity that I am requesting a street light be installed at the end of Davis Drive here in Michigan City. There are several reasons for this request. 1. I own the house that is at the end of this dead end street. In the house lives my Handicap sister and her two roommates who are also handicapped. 2. It is a real safety issue that an ambulance or fire engine could not find this house because of no street light to show the numbers on the house. 3. I also have staff that come and go at night and their safety is also at risk. 4. There are also 10 houses on this street and their safety is also at risk. I am listing two pole numbers that are at the end of this street as follows: 1. 959/098 on the west side of the street. 2. 959/097 on the east side of the street. With the safety issues I have listed above I am hopeful you will grant this request. Please let me know at 219-871-0214 as soon as possible. Thank you for your attention to this matter. Mary Stark, 112 Davis Drive addressed the Board regarding the request; asking for their approval. Charles “Spike” Peller, City Engineer addressed the Board stating he will confer with the Michigan City Police Department and if the need exists he will start the process to get a street light there. Discussion ensued between the Board and Mr. Peller regarding the process for the installation of a street light at a dead end street; Mr. Peller stated he will make a recommendation at the Board’s next meeting. REQUEST FOR ROAD CLOSURES – John A. Doyle & Assoc. Inc. is requesting the closure of Meer Road/U.S.Hwy 12 and Riely Court/Combs Street/ Michigan Boulevard for Sanitary Sewer Replacement Project Regular Meeting – March 17, 2014 Page 10 The following correspondence was received in the City Clerk’s Office on March 11, 2014 from John A. Dolye & Associates, Inc.: RE: Meer Road/U.S. Highway 12 – Sanitary Sewer Extension Project The Sanitary District of Michigan City is proposing to install a sanitary sewer on El Portal Drive from Wildrose Drive southerly to the intersection of Meer Road and U.S. Highway 12 on the south side of the highway. The project will consist of installing a steel sleeve and carrier pipe under Grand Beach Road, AMTRAK Railroad, and U.S. Highway 12 to the Meer Road/U.S. Highway 12 intersection. Grand Beach Road and U.S. Highway 12 will remain open at all times. The El Portal Drive section will be closed south of Academy Road. Detour route for El Portal Drive is Academy Road to Commercial Court to Grand Beach Road. Wildrose Drive will be closed to through traffic between El Portal Drive and Oakland Drive. Wildrose Drive will be detoured on Oakland Drive to Meadow Drive to El Portal Drive. The estimated construction closure time is thirty (30) days to sixty (60) days. The intersection of Meer Road and U.S. Highway 12 will be closed for approximately the same amount of time. Local traffic will be maintained on Meer Road at all times from Freyer Road north. Through traffic will be detoured west on Freyer Road and north on State Road 212 to Highway 12. Sheet No. 1 depicts the area south of U.S. Highway 12. Sheet No. 2 depicts the area north of Grand Beach Road. We hope to begin the project on April 1, 2104, however we are waiting for a permit from the railroad. If you have any questions, please let me know. John Doyle of John A. Doyle & Associates addressed the Board regarding the request, explaining the closures and asking for the Board’s approval. Lt. Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request; stating he has received the maps for the project and has no objections to the requested road closures; and recommended approval of the request/road closures. Discussion ensued between the Board, Corporate Counsel John Espar, and Mr. Doyle regarding the project; bringing sanitary sewers to the south of U.S. Highway 12/Meer Road and to allow for connection of the mobile home park to the east, and in the future this sewer can be extended to the South and West into the Michigan City area. Further discussion ensued between the Board, Corporate Counsel John Espar, Craig Phillips City Planner, Mr. Doyle and Arber Himaj, Sanitary District regarding waivers of annexation for the areas the proposed sanitary sewer project is including. Corporate Counsel Espar suggested the Board make an inquiry with the Sanitary District asking that they report on a policy or absence of a policy to require at a minimum waivers from the property owners anytime City services are extended to unincorporated areas of the City so that if the City should elect at some future date to annex that property and bring it into the City’s municipal boarders for tax purposes. Counsel Espar further suggested that the City Council consider an Ordinance requiring waivers of annexation whenever City services are extended beyond its municipal boarders. Vice President Carnes asked if the main purpose of the project was to extend sanitary sewers to the trailer park. Regular Meeting – March 17, 2014 Page 11 Arber Himaj, Engineer Sanitary District addressed the Board stating that was the purpose of this project; and this would connect businesses along the area to the Wildrose Lift Station. Michael Palmer made the motion to approve the requested road closures. 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 following correspondence was received in the City Clerk’s Office on March 11, 2014 from John A. Dolye & Associates, Inc.: RE: Riley Court/Combs Street/Michigan Boulevard – Sanitary Sewer Replacement Project The Sanitary District of Michigan City is proposing to remove and replace the sanitary sewer in the above referenced area. In order to install the new sewers it will be necessary to close and redirect traffic on various streets in the area. The three (3) attached drawings outline the closures and lane shifting that we propose to employ in order to complete the project. Sheet No. 1 depicts the closing of the intersection of Poplar Street/Vail Street with traffic reduced to one (1) lane in each direction on Michigan Boulevard to a point west of Cleveland Avenue. Poplar Street/Vail Street intersection will be closed to north/south traffic for approximately one (1) week. Intersection will be opened with aggregate base until Michigan Boulevard can be paved. Michigan Boulevard will be subject to one lane in each direction for thirty (30) to forty (40) days. Sheet No. 2 depicts the closure of Michigan Boulevard and Cleveland Avenue in order to install sewer taps on the south side of Michigan Boulevard and main line sewer and taps on Cleveland Avenue. All traffic will be shifted to the north side of Michigan Boulevard between Poplar Street/Vail Street to School Street; Cleveland Avenue to be detoured on Tremont Street to Poplar Street to Michigan Boulevard. Sheet No. 3 depicts sewer installation and taps on the north side of Michigan Boulevard. All traffic will be shifted to the south side of Michigan Boulevard from School Street to Poplar and Vail Streets. Combs Street, Riley Court, and north/south alleys will follow. Local traffic will be maintained as much as possible on through streets. This part of the project is estimated to take thirty (30) to forty-five (45) days. The project is scheduled to begin on April 1, 2014. I trust the foregoing is satisfactory. If you have any questions, please let me know. John Doyle of John A. Doyle & Associates addressed the Board regarding the request, explaining the closures and asking for the Board’s approval. Lt. Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request; stating for clarification that one (1) lane will remain open in each direction on Michigan Boulevard, so Michigan Boulevard will never be completely closed. Discussion ensued between the Board, Mr. Doyle and Lt. Loniewski regarding the closure on Michigan Boulevard; and the time frame of the project (beginning April 1st). Regular Meeting – March 17, 2014 Page 12 Michael Palmer made the motion to close the roads as presented. 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 SOLICIT BIDS – Rob Strader, Director Michigan City Transit Department is requesting to solicit bids for two (2) small transit buses The following correspondence was received in the City Clerk’s Office on March 10, 2014 from Robert Strader, Director, Michigan City Transit Department: The Michigan City Transit Department requests that you approve the solicitation of bids for: The Purchase of Two (2) Small Transit Buses. The detail specifications are attached. Rob Strader, Director Michigan City Transit Department addressed the Board regarding the request; stating this is the final phase of the Fleet Upgrade that began last year; further stating this procurement is for two (2) small transit buses that are used for complimentary para-transit passengers, and is also a continuation of the 80%/20% grant that has been used to purchase the other buses. Mr. Strader asked the Board to approve the procurement. Michael Palmed asked Mr. Strader if he was budgeted for the procurement this year. Mr. Strader replied that it was in his 2014 budget. Vice-President Carnes made the motion to approve the request to solicit bids for the Michigan City Transit Department for two (2) small transit buses. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Strader regarding the Mayor’s moratorium on spending; and if the Mayor has approved the purchase. Mr. Strader stated he does have written approval from the Mayor and Controller to make this purchase. REQUEST TO SOLICIT BIDS – Asst. Chief Tim Richardson, Michigan City Police Department is requesting to solicit bids for five (5) 2015 Ford Police Interceptor Utility Vehicles – AWD Ford Option Package (K8A) The following correspondence was received in the City Clerk’s Office on March 12, 2014 from Asst. Chief Tim Richardson, Michigan City Police Department: The Michigan City Police Department respectfully requests that you approve the solicitation of bids for: Five (5) 2015 Ford Police Interceptor Utility Vehicles – AWD Ford Option Package (K8A) The detail specifications are attached. We ask that this request be placed on the agenda at the first regularly scheduled meeting of the Board of Works on March 17th, 2014. Thank you. Regular Meeting – March 17, 2014 Page 13 Asst. Chief Tim Richardson, Michigan City Police Department addressed the Board regarding the request; asking for approval. Asst. Chief Richardson stated he received word from the Mayor’s Office that the funding is now available for this. Michael Palmer made the motion to approve the solicitation of bids for five (5) 2015 Ford Police Interceptor Utility Vehicles. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CORRESPONDENCE – Mayor Ron Meer-Beachwalk rear access road The following correspondence was received in the City Clerk’s Office on March 11, 2014 from Mayor Ron Meer: It has been brought to the city’s attention this week that the Beachwalk rear access road is once again in extremely poor condition. City Engineer Spike Peller and Michigan City Fire Chief Ron Martin have both since inspected the road and reported back to me that the road is in a condition that makes it unsuitable for emergency vehicle traffic, especially fire trucks. In the case of an emergency, this road, in its current state, poses a great risk to the health and well-being of every resident and visitor to Beachwalk. I am asking the Board of Works to please address this issue in the same manner it was addressed last year when the same situation occurred. Please take any and all steps necessary with the owner of Beachwalk, Tom Moss, to ensure that this access road condition is rectified and returned to a condition that makes it safe for the travel of emergency vehicles. Charles “Spike” Peller, City Engineer addressed the Board regarding the condition of the Beachwalk rear access road; asking the Board to send to the owner a request to fix this road so that it is no longer unusable for especially Fire Department emergency vehicles. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the letter/agreement that was sent last time to the owner, Tom Moss, to fix the road. Corporate Counsel John Espar addressed the Board stating there is a public/private agreement for the Beachwalk Development; and part of the public/private agreement was the requirement that they maintain this emergency access road for our Police and Fire vehicles. Craig Phillips, Planning Director addressed the Board regarding the matter; stating Attorney Jim Meyer has been hired to represent the City with those issues. Michael Palmer made the motion to have Corporate Counsel John Espar draft a letter to the owner of Beachwalk to rectify the situation. 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) Shannon Eason, Administrative Director Michigan City Parks and Recreation Department addressed the Board stating the Contractor that submitted the only proposal is not able to obtain Liability Insurance for this job along with the performance bond; at this time Mrs. Eason asked the Board to reject the bid, and give her permission to go out for a second round of RFQ’s; this time requiring the performance bond upfront. Ms. Eason stated she did Regular Meeting – March 17, 2014 Page 14 speak with several contractors asking why they did not turn in a proposal and there was some confusion about the City’s E.E.O. packet and required paperwork. Mrs. Eason informed the Board that she has spoken with the Mayor, and there will be a workshop prior to the submission deadline to invite the contractors in and go through the paperwork with the Human Rights Director. Mrs. Eason reminded the Board that the Grant deadline/project has to be completed by December 31, 2014. Vice-President Carnes made the motion to reject the previous bid and go ahead with a new RFQ for the work on the old Lighthouse museum. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Discussion ensued between Corporate Counsel John Espar and Mrs. Eason regarding the one (1) contractor that successfully bid on the project being unable to get liability insurance as well as the performance bond. Mrs. Eason explained the contractor’s inability to get the liability insurance on a historic structure. 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: Page Date Amount 1 of 8 03/07/2014 $379,706.65 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 03/14/2014 $773,531.31 1 of 1 03/17/2014 $102,924.37 UNFINISHED BUSINESS – Pending Items Pending Item – Smoking in City Vehicles President Janus addressed the Board stating he is going to schedule for the second meeting in April that all Department Heads the Board has jurisdiction over to come before the Board to make their recommendation on smoking in city vehicles. Regular Meeting – March 17, 2014 Page 15 Pending Item – Installation of Monitoring Wells-Acuity ES for two (2) permanent monitoring wells on S. Carroll Avenue Corporate Counsel John Espar addressed the Board stating he has drafted a License/Indemnification Agreement for that purpose and it’s been completed by Acuity ES and is on file in the City Clerk’s Office. Pending Item – AT&T License Agreement to utilize City right-of-way Corporate Counsel John Espar addressed the Board stating he is continuing to work with AT & T and their Attorney’s on the License Agreement for the placement of the VRAD device. Pending Item – Painting of the Lighthouse Corporate Counsel John Espar addressed the Board regarding the Painting of the Lighthouse, stating the Port Authority Board is now poised to solicit bids for the project; all specifications have been approved and the project is moving forward. Pending Item – Daniel D. Bruce Memorial corrections Corporate Counsel John Espar addressed the Board explaining the City Council is in the process of approving the funding and there is a re-dedication ceremony of this monument scheduled for Memorial Day, 2014. Vice-President Carnes addressed Craig Phillips, City Planner regarding the quotes for the design specifications/rehabilitation of the monument. Corporate Counsel John Espar asked if someone would be presenting detailed designs to the Board. Craig Phillips, City Planner addressed the Board stating he could present the details to the Board at their next meeting. Pending Item – Ice Cream Parlor Corporate Counsel John Espar addressed the Board regarding the property known as the “Ice Cream Parlor”; stating he did attend an internal meeting with the contractor for the owner as well as individual, Mr. Gatska who appears to be an investor in the project, to discuss the status associated with this property. Counsel Espar informed the Board that new design plans have been released by the State and the City’s Planning Department is poised to issue permits to authorize the builder to complete the outside of the structure; and there is a creditable investor who plans to build out the interior of the structure to the prospective tenants specifications. Counsel Espar stated he was not prepared to recommend that this Board turn its back on the project; and it is his recommendation that this property continue with its Order to Repair; and that the Order to Repair be scheduled for hearing before this Board so that the project continues to have the external forces on the project to move it forward. Regular Meeting – March 17, 2014 Page 16 Craig Phillips, City Planner addressed the Board stating the permit issued would be to construct a “shell” for a tenant to come in and do a “build out”; the permit would allow them to complete the roof repairs, installation of windows and doors, and the basic utilities. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Phillips regarding the building permits and their expiration dates. Mr. Phillips explained the permits would be subject to an Agreement in this case. Corporate Counsel Espar addressed the Board explaining the statute that governs the Board with respect to permit expiration dates. Pending Item – Sale of City Property-US Hwy 20 & Cleveland Avenue adjacent to Fire Station Corporate Counsel John Espar addressed the Board regarding the sale of City property adjacent to the Cleveland Avenue Fire Station stating he has prepared an initial draft of the Notice to Solicit bids for the sale of that property, and in that process reviewed the statute that lays out the procedure for the sale of that property; and explained the statute and that it would allow for thirty (30) to sixty (60) days to solicit bids. Counsel Espar stated in this case the Board would allow for thirty (30) days for the solicitation of bids. Pending Item – Installation of Trail Creek signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report at this time; he is still working with the County on the installation of the 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. Update – Eastport School Russ Hatfield, Code Enforcement Officer addressed the Board stating the contractor is just finishing up; and just received approval to remove the large concrete wall/pad that was discovered at the site. Update – Pawloske Property Russ Hatfield, Code Enforcement Officer addressed the Board stating the demolition is almost complete; explaining the contractor did find evidence of soil contamination and those have been sent in for analysis to make sure there is no additional soil that needs to be removed that could be contaminated to stay within IDEM specifications, and also with it being on the Trail Creek corridor it would be in the City’s best interest to make sure that property is environmentally sound. Regular Meeting – March 17, 2014 Page 17 Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop, stating he is working with the Mayor Meer on this matter; and the Mayor is in favor of the original proposal which will cost the City about $50,000.00. Mr. Peller suggested that the Board offer to the property owners and people who might use those stairs the “Barrett Law” possibility to construct new stairs. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Peller regarding “Barrett’s Law”, with the owners/users of the stairs paying for the improvements. Mr. Peller suggested a letter be drafted and sent to property owners directly affected, as well as neighbors who may use the stairs to give them an option. Further discussion ensued between the Board, Corporate Counsel Espar and Mr. Peller regarding to whom the letter should be sent, what the letter should include and the time frame for the response. Mr. Peller stated he would send out the letters and see what happens. Vice-President Carnes addressed Mr. Peller regarding “Barrett’s Law” and the property owners paying for the reconstructed stairway; asking if the stairway would still remain public right-of-way. Mr. Peller stated that it would still remain public right-of-way. Further discussion ensued between the Board and Mr. Peller regarding who’s responsible for the stairway should it be fixed. Pending Item – 515 Union Street-Installation of Street Light in Alley Charles “Spike” Peller, City Engineer addressed the Board stating NIPSCo is to install a “dusk to dawn” light there. 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 – Signage to identify US Hwy 12 & Michigan Boulevard Charles “Spike” Peller, City Engineer addressed the Board stating he is working with the Planning Department on this. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating this will be addressed again in the spring 2014. Regular Meeting – March 17, 2014 Page 18 Discussion ensued between the Board and Mr. Peller regarding the parking area that would be established at the cost of the owners, would then be open to anyone wanting to park in front of the residence. Mr. Peller explained that the homeowners who have requested parking would do so on their own property, not on the City right-of-way. Pending Item – Crosswalk Michigan City High School Charles “Spike” Peller, City Engineer addressed the Board stating the City will be using the 80%/20% grant; and the 20% can be made available through the pavement/sidewalk program or elsewhere if necessary. Mr. Peller reported that they are proceeding with the design and the project will be moving forward. 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 he is working with Corporate Counsel Espar to get a signed easement for that. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating sewer replacement is still on-going due to weather conditions; and that the concerns with the intersection can now be addressed. Pending Item – Larkspur Road Charles “Spike” Peller, City Engineer addressed the Board stating a sign has be put up, and will be moved once the snow disappears to have it in the correct location. Pending Item – 124 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 124 Green Street, stating he spoke to the owner and one of the perspective contractors last week; and anticipates that by the next Board meeting this demolition project will either be underway or completed. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating this will be before the Board for a demolition hearing next month. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating this will be before the Board for a demolition hearing next month. Regular Meeting – March 17, 2014 Page 19 Note: For Informational Purposes Only. Russ Hatfield, Code Enforcement Officer addressed the Board stating in speaking with IDEM and one of the environmentalist last week, it has come to his attention that IDEM has changed some of their regulations on residential asbestos testing; explaining that if he did one residential demolition within a city block it did not require asbestos testing unless he was doing two (2) within a year within a city block, and now that has changed. Mr. Hatfield explained that now for municipalities, if the city tears down more than four (4) residential properties within a year’s time, it gets paid out of the same funding, they all require asbestos testing, which will put a substantial damper on his demolition budget. Update – 324 Chestnut Street Russ Hatfield, Code Enforcement Officer addressed the Board stating the property owners grandson did come in and get his permits last week, and the permit was issued with a sixty (60) day expiration. PUBLIC COMMENTS President Janus asked if there were any other comments from the public. Steve Stimley, Firefighter Local 475 addressed the Board regarding a grievance he filed with the Board; asking the Board to check into the matter as it was not resolved to his satisfaction. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Stimley regarding the filing of the grievance and the outcome. Counsel Espar informed the Board that he will check with the Union President as to the status of this matter. Duane Parry, President Michigan City Common Council addressed the Board requesting a clarification from Counsel Espar regarding the events of the grievance and language that he used when describing the matter. Counsel Espar stated he was referencing the Board’s Counsel, not the Common Council. 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. Vice-President Carnes addressed the Board and Corporate Counsel John Espar regarding the annexation waivers; asking if a Resolution from this Board was in order. Discussion ensued between Vice-President Carnes, the Board and Corporate Counsel John Espar. Counsel Espar stated that was an excellent suggestion, as this Board is often asked Regular Meeting – March 17, 2014 Page 20 to participate in these types of projects; that this Board would certainly be an appropriate body to express its will or its opinion through a Resolution. President Janus asked if Counsel Espar would draw something up for this for the next Board meeting. President Janus addressed the City Engineer, Charles “Spike” Peller regarding traffic signal outages; asking if this was because of weather conditions. Mr. Peller replied that was correct, the outages were most likely a result of weather; and stated he will contact the State to see why it’s taking them so long to fix them. 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 10:46 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