Board of Public Works & Safety

REGULAR MEETING – July 7, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, July 7, 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: Donna Pappas, City Controller Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Bob Zondor, Superintendent Central Services Ben Neitzel, Superintendent Central Maintenance Jeff Deuitch, Human Rights Department Jim Michaels, Collection System Superintendent-Sanitary District Arber Himaj, Engineer-Sanitary District Judy Pinkston, Director Community Development 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 June 16, 2014 and the Special meeting of June 27, 2014. Vice-President Carnes made the motion to approve the minutes from the regular meeting of June 16, 2014 and the Special meeting of June 27, 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 BID – One (1) 2015 Tandem Dump Truck with Plow, Salt Spreader & Fixed Angle Underbody Scraper The following correspondence was received in the City Clerk’s Office on June 25, 2014 from Bob Zondor, Superintendent Central Services: Regular Meeting – July 7, 2014 Page 2 All bids are complete and meet bid specifications as established by the Michigan City Street Department. As noted below Pozzo Mack Trucking was the lowest bid at $196,811.00. It is therefore recommended that the bid from Pozzo Mack be accepted as the preferred bid. Bids for 2014 Tandem Axle Dump Truck – June 25, 2014 Vendor Model Truck Total Price Truck City Freightliner $199,276.00 Great Lakes Peterbilt $203,022.00 Pozzo Mack Mack $196,811.00 Michael Palmer made the motion to award the bid to Pozzo Mack in the amount of $196,811.00. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. OPENING OF BIDS – Two (2) Small Transit Buses President Janus asked if there was anyone present who would like to submit a bid at this time. There was no response. Michael Palmer made the motion to close the 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. Corporate Counsel John Espar addressed the Board stating two sealed bids were received this morning as follows: 1) Central States Bus Sales Inc. total bid price $145,348.00 2) Tesco (Transportation Equipment Sales Co.) total bid price $148,952.00 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. REQUEST FOR SIGNAGE – CSX is requesting the installation of a “Curve Ahead” sign or guard rail for the railroad crossing at the nearest intersection of Earl Road & Hitchcock The following correspondence was received in the City Clerk’s Office on June 27, 2014 from Jacob Buksar of CSX: Type of Request: Signage or guardrail for curve at CSX Railroad xing nearest to intersection of Earl & Hitchcock. Jacob Buksar of CSX addressed the Board regarding the request; describing the location and incidents; asking the City to install a “Curve Ahead” sign and guardrail at the site. Charles “Spike” Peller, City Engineer addressed the Board stating he has no objection with CSX installing a guardrail or signs on City right-of-way. Regular Meeting – July 7, 2014 Page 3 Discussion ensued between the Board and Mr. Buksar regarding who would be installing the signs/guardrail. Skyler York, Assistant City Planner addressed the Board stating he has been to the site and reviewed the situation with Mr. Buksar; recommending the matter be referred for review. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he would concur with CSX that what they have explained with vehicles taking down the crossing signal at that curve; further stating there have been numerous accidents damaging not only CSX property but residential property trying to negotiate that curve. Lt. Loniewski recommended the request be granted. Vice-President Carnes made the motion to refer the matter to the City Engineer for research for the installation of a guardrail and signage at that location. 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 STREET CLOSURE – Chris Grohs, 607 Franklin Street, Walnut Ink Projects requests the closure of the 600 block of Franklin Street on Saturday, August 23, 2014 from 9:00 a.m. to 6:00 p.m. for a public print making demonstration The following correspondence was received in the City Clerk’s Office on July 2, 2014 from Chris Grohs, Walnut Ink Projects, 607 Franklin Street: Type of Request: Street closure for Public Event. Walnut Ink Projects, together with the help of the Michigan City Public Art Committee, local artists, and volunteers, would like to set up a public print making demonstration in the 600 block of Franklin Street in the Uptown Arts District. We would like to erect two tents: 20’ X 40’ and 20’ X 20’, for this demonstration. Set-up will begin at 9:00 a.m. and tear down will be finished by 6:00 p.m. We will need four (4) barricades and would like to close only the 600 block of Franklin Street. We have spoken to and received blessing from all businesses and organizations in the affected area. Public liability insurance is maintained for the event through General Insurance. Chris Grohs, 607 Franklin Street, Walnut Ink Projects addressed the Board regarding the request; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he did speak with Mr. Grohs and has no objections; recommending approval. Lt. Loniewski informed the Board that he did meet with Chief Martin of the Michigan City Fire Department who is also in support of the event; Chief Martin is requesting that Mr. Grohs be reminded of the State permits that are required for the tents and that one (1) lane be maintained for emergency access in case the Fire Department needs to access any of the buildings in that block. Vice-President Carnes made the motion to approve the closure of the 600 block of Franklin Street on Saturday, August 23, 2014 from 9:00 a.m. to 6:00 p.m. 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 Lt. Jeff Loniewski regarding the one lane that would be maintained for emergency access with the street itself being closed. Lt. Loniewski explained the road will be closed to through traffic and the one lane will be maintained for emergency access only. Regular Meeting – July 7, 2014 Page 4 Corporate Counsel Espar addressed Lt. Loniewski and Bob Zondor regarding the posting of detour signs for the street closure. REQUEST FOR STREET CLOSURE – Michigan City MainStreet Association is requesting the closure of Franklin Street from 8th Street to 6th Street, including 7th Street between Pine Street and Washington Street on Friday, August 1st, 2014 from 4:00 p.m. to 12:00 a.m. and on Saturday, August 2nd, 2014 from 12:00 p.m. to 12:00 a.m. for the Taste of Michigan City in conjunction with the Super Boat Race The following correspondence was received in the City Clerk’s Office on July 2, 2014 from Diane Wilczewski, Executive Director, Michigan City MainStreet Association, Inc.: Type of Request: Street Closure on Franklin Street, from North of 8 th Street right-of-way to the South right-of-way of 6th Street. This will include the closure of 7th Street from the West right-of-way of Pine Street to the East right-of-way of Washington Street. The event will be in coordination with the Super Boat Race. This year we are moving the center of the event down to 7th Street. Date of Request: Friday & Saturday, August 1st & 2nd, 2014 Time of Request: The event time will be Friday, August 1 st, 2014, 4pm to midnight, and Saturday, August 2, 2014 noon to midnight Event closes at 10pm, but more time needed for cleanup. This event will include local food vendors, and will be organized and coordinated with Michigan City Police Department, and LaPorte County Health Department, Indiana Department of Homeland Security, Excise and all other Agencies that will require a permit to make this event happen. The Michigan City MainStreet Association will have a Beer and Wine Booth that will require a License from the state, also it will require police presence. The Mainstreet Association is committed to comply with all the required rules to make this event a safe and prosper event for our Uptown Arts District. Ryan Laughlin, Vice-President Michigan City MainStreet Association addressed the Board regarding the request; presenting the Board with diagrams for the proposed event area; stating one lane will be maintained for emergency access; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he spoke with Chief Swistek who has reviewed the floor plan and does recommend approval. Michael Palmer made the motion to approve the request allowing the Michigan City MainStreet Association to close Franklin Street from 8th Street to 6th Street including the closure of 7th Street between Pine Street and Washington Street on Friday, August 1st, 2014 from 4 p.m. to 12:00 a.m. and on Saturday, August 2nd, 2014 from 12:00 p.m. to 1 2:00 a.m. for the Taste of Michigan City. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Mr. Palmer amended his motion to include the event will be allowed pending the liability insurance. The amended 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 – July 7, 2014 Page 5 RENEWAL POLICY – General Insurance-Liquor liability renewal proposal for the City of Michigan City and Parks & Recreation Department Charles Keene, Vice-President General Insurance Services addressed the Board explaining the liquor liability policy coverage provides protection for liability arising out of liquor operations at both golf courses; further explaining the only change from the expiring policy is that the renewal does not include coverage for the former Sand Bar concession shop operation at Washington Park, which operations have been discontinued. Mr. Keene stated the policy term is for one (1) year beginning on July 16, 2014; explaining the limit of insurance; informing the Board the annual premium is $2,141.23 and there are no other changes from the expiring policy; asking the Board for approval. Discussion ensued between the Board and Donna Pappas, City Controller regarding funding for the policy; Mr. Keene explained last year this was handled internally with the Parks Department. Vice-President Carnes made the motion to approve the renewal for the liquor liability policy for the Michigan City Parks 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. JOHN A. DOYLE & ASSOCIATES INC. – Donnelly Street/Carlon Court Sanitary Sewer Replacement Project The following correspondence was received in the City Clerk’s Office on July 2, 2014 from John A. Doyle & Associates, Inc.: The Sanitary District of Michigan City is proposing the installation of a sanitary sewer on Donnelly Street and Carlon Court in Michigan City. D & M Excavating, Inc. has indicated that they expect the project to begin on July 14, 2014 and finish on or about August 15, 2014. The sewer project will begin approximately one-half (½) block west of Donnelly Street on Carlon Court and extend approximately one-half (½) block south on Donnelly Street. The Carlon Court portion of the project will require the street to be closed between the north/south section of Carlon Court to Donnelly Street for approximately one (1) week. The Donnelly Street portion of the project will require one lane closure south of Carlon Court for approximately ten (10) days. The balance of the time periodic closure will be made to accommodate paving and restoration work. Donnelly Street will remain open at all times for local and emergency traffic. The enclosed map shows the area of the project. John Doyle of John A. Doyle & Associates, Inc. addressed the Board regarding the request; explaining the closure; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he has reviewed this request along with the Beech Street closure request, and recommended approval of both. Michael Palmer made the motion to approve the request for the street closure of Donnelly Street/Carlon Court for the Sanitary Sewer Replacement Project. The motion was seconded Regular Meeting – July 7, 2014 Page 6 by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. JOHN A. DOYLE & ASSOCIATES INC. – Beech Street Storm Sewer Project The following correspondence was received in the City Clerk’s Office on July 2, 2014 from John A. Doyle & Associates, Inc.: The Sanitary District of Michigan City is proposing to install a storm sewer on Beech Street west of Hoyt Street for a distance of approximately four hundred (400) lineal feet. Since Beech Street is a dead end street the Contractor, Woodruff & Sons, Inc. is required to maintain local access to residences and official vehicles at all times during the construction. The project is expected to begin on July 7, 2014 and be under construction for approximately one (1) month. The attached drawing depicts the project location. John Doyle of John A. Doyle & Associates, Inc. addressed the Board regarding the request; explaining the closure; asking for approval. Michael Palmer made the motion to approve the request for the street closure of Beech Street for the Storm Sewer Project beginning July 7, 2014. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. JUDITH PINKSTON COMMUNITY DEVELOPMENT – Requests approval to sell Real Property at 1512 Tennessee Street The following correspondence was received in the City Clerk’s Office on July 1, 2014 from Judith Pinkston, Director Community Development: This memo requests approval to sell the real property located at 1512 Tennessee. It was acquired with Community Development Block Grant (CDBG) funds and was rehabilitated with those funds. It is now ready to be sold to a qualifying buyer who is considered low-moderate income person as defined by HUD. An appraisal of the property was done and appraised at $73,500.00. The CDBG program requires that any funds that will be received as a result of the sale of this property are required to be returned to the CDBG program to assist other low-moderate income persons. Judith Pinkston, Director Community Development addressed the Board regarding the property located at 1512 Tennessee Street, explaining the process for selling the property; asking the Board for approval to proceed with the sale of the property. Discussion ensued between the Board and Mrs. Pinkston regarding the particulars of the sale. Vice-President Carnes made the motion to approve the sale of real property at 1512 Tennessee Street. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Further discussion ensued between the Board, Corporate Counsel John Espar and Mrs. Pinkston regarding where the property would be listed for sale and the restrictions placed on the sale, income requirements, and the realtor used to sell the property. Regular Meeting – July 7, 2014 Page 7 PROPERTY STATUS UPDATE – 111 Franklin Street-John Ziola and Jason Gatzka John Ziola, Builder of the property at 111 Franklin Street addressed the Board regarding the construction schedule that was given to the Inspection Department; explaining they are behind schedule due to financing and expect to have the windows installed within thirty (30) days. Mr. Ziola stated the roof is now complete as well as the siding of the structure. Discussion ensued between the Board, Corporate Counsel John Espar, Mr. Ziola, Craig Phillips City Planner, and Mr. Jason Gatzka 114 Kenwood Place Project Manager regarding updating the Building Inspector/Planning Department of the delays experienced with completing this project. Counsel Espar stated the Board has the authority to extend its deadlines; explaining the permit/order can be issued for review for up to two (2) years and additionally under Indiana Code 36-7-9-7 subparagraph (e) the Board has the authority upon a finding that there is a woeful failure to comply with the order to impose a civil penalty up to but not in excess of $5,000.00. Counsel Espar stated the Board has the authority to impose the penalty and postpone it for a reasonable period after which the Board may order the penalty reduced or stricken if the Board is satisfied that all the work necessary to fully comply with the Order has been done; which is a tool the Board can use in place of the Order to Demolish. Russ Hatfield, Code Enforcement Officer addressed the Board stating any permits that were issued will now fall under the guidelines of the Order to Repair as this order supersedes any permits issued before or after those Orders are sent out. Mr. Hatfield explained the Board does have the authority to rescind or modify any Orders. Further discussion ensued between the Board, Corporate Counsel Espar, Mr. Phillips, Mr. Ziola, Mr. Gatzka and Ms. Ann Crocket 11359 S. Harlem Worth IL, Owner regarding the completion of the project, unmet deadlines, financing, the Order to Repair and demolition of the structure. Mr. Hatfield addressed the Board explaining the next step in the Order to Demolish would be to order current title work, which would take approximately two (2) weeks; then issue the Order to Demolish and file that with the LaPorte County Recorder’s Office as a document against the property. Mr. Hatfield explained the Order to Demolish hearing could be set for the 2nd meeting in August as certified mail must be sent out to all parties of substantial interest; and they would have approximately ten (10) days to come before the Board to ask for an extension; then if the Board were to authorize the Orders to Demolish to continue at that meeting, through the new IDEM regulations he would have to get the asbestos testing done; then the Notice to Bidders could go out. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Hatfield regarding IDEM’s requirement of the asbestos testing. Corporate Counsel Espar advised the Board they could hold this over until the next meeting and see what specifics have been completed with the project; another alternative is to convert the Order to Repair to complete the project into an Order to Demolish. Further discussion ensued between the Board, Corporate Counsel Espar and Mr. Hatfield regarding proceeding with ordering the title work and what effect that would have on the owner pursuing additional financing. Vice-President Carnes made the motion the have Mr. Hatfield proceed with the title work in preparation for issuing an Order for Demolition. The motion was seconded by Michael Regular Meeting – July 7, 2014 Page 8 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. Hatfield regarding the owner/builder being allowed to continue working on the structure. Michael Palmer made the motion to allow extension of the original Order to Repair for an additional two (2) weeks until the next Board of Public Works and Safety meeting on July 21, 2014 and they report at that meeting the progress they have made towards the purchase of the windows and a plan on when the windows will be installed after which if nothing has been in order at that time the Board will continue with the process to demolish the structure and no more extensions will be granted after that date; including the electrical and plumbing plans and how all will be financed. 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 Mrs. Crocket regarding ownership of the property that is being discussed in these proceedings; discussing the current finances of the property; the Order to Repair that has been placed on the property; repairs being made within the timeframe set today by the Board; and the Board’s authority to continue with the Demolition process if progress is not made as directed by the Board today. Counsel Espar advised Mrs. Crocket to continue to attend the meetings to update the Board on the progress being made. SAFETY HAZARD - 1701 Greenwood Avenue – DJ’s Express The following correspondence was received in the City Clerk’s Office on July 1, 2014 from Dave McLachlan, DJ’s Express 1701 Greenwood Avenue: Type of Request: Remediation of Safety Hazard Created by Curb/Island. Arrangement installed at DJ’s Express during Greenwood Avenue sewer project. 1) The installation of the curb/island has created a condition of eminate danger to both individual and vehicles entering and exiting the property during business hours 2) Councilman Parry said that normal practice in the construction industry whether modifying an existing facility, or building a new installation adjacent to an existing one is to physically layout and mark the outline of the work to be constructed, to confirm that no interferences or negative impact will be created by the new installation. Mr. Parry added that his statement is based on 40 years in the construction industry, which is his area of expertise. Dave McLachlan, DJ’s Express 1701 Greenwood Avenue addressed the Board regarding concerns he has with the new curbing that was placed at the intersection where his business is located; explaining the problems that are now occurring with his customers trying to negotiate between the gas pumps and the curbing; stating there have been 3 accidents since the curbing has been installed. Mr. McLachlan stated he met with the City Engineer regarding changing the configuration of the curbing, who stated he would get bids to change the layout of the curbing. Mr. McLachlan asked the Board to move the curbing back so as to allow two (2) vehicles to pass each other on that side of his lot, removing the liability that is now occurring. Discussion ensued between the Board, Corporate Counsel John Espar, Charles “Spike” Peller City Engineer, Mr. McLachlan and Hesham Khalil Global Engineering regarding the configuration of the curbing, the placement of the utility poles in the area, accidents occurring at the intersection of Greenwood and Woodland Avenues and liability issues. Regular Meeting – July 7, 2014 Page 9 Mr. Peller recommended this be held over to the next meeting and he will then provide the Board with the drawings and recommendations to figure out the cost to move the utility pole. President Janus stated the item will be held over until the next meeting. President Janus called for a five (5) minute recess. President Janus reconvened the meeting. BLIGHTED PROPERTY – 812 Manhattan Street The following correspondence was received in the City Clerk’s Office on July 2, 2014 from Darlene Nicolaysen, 402 W. 8th Street: Type of Request: Home at 812 Manhattan needs to be demolished or repaired and occupied. Last year this home had a condemned sign on it. How can a house be condemned and nothing happens? This house was not torn down or repaired, the sign disappears. Is it no longer condemned? Please explain this to me. The house has no windows upstairs and is all boarded up downstairs, usually the grass is 3’ tall. I understand a prominent restaurant owner owns this property. He would not want this ________ next to his home or restaurant. It has been in this condition 7+ years that I know of. Please – this situation needs to be addressed immediately. Thank you. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property stating there were some legal issues there in getting this process started due to several family members involved in the project; one of whom passed away. Mr. Hatfield informed the Board that as of last week the demolition process has started; the ten (10) day violation notice was issued to the right family member, who is in control of that property now, via certified mail and hand delivery to his place of business. Mr. Hatfield stated he will update the Board as to where the process stands at future meeting; explaining the owner may want to submit a timeline for the rehabilitation of the structure for the Board’s authorization, which the Board can allow, or continue with the demolition process which will need to be filed with the LaPorte County Recorder’s Office as a document against the property. Mr. Hatfield explained there will be a public hearing on this. 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 3 07/01/2014 $216,686.17 1 of 9 06/27/2014 $459,525.86 Regular Meeting – July 7, 2014 Page 10 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 1 06/27/2014 $71,482.77 1 of 4 07/02/2014 $264,476.90 1 of 1 07/07/2014 $18,500.69 UNFINISHED BUSINESS – Pending Items Pending Item - Agreement between First United Methodist Church and the City of Michigan City regarding use of 7th Street parking lot Corporate Counsel John Espar addressed the Board stating the Redevelopment Commission has funds to make cosmetic improvements to the property and that hopefully a relationship/lease agreement with First United Methodist Church. Counsel Espar explained the church is not ready to proceed with any agreement, but he has reviewed and revised a Draft Lease Agreement and returned it to Mr. Price, attorney for the Redevelopment Commission, who indicated this Board should hold off on any action until the Redevelopment Commission can see where this will be going. Counsel Espar stated the recommendation at this point is to remove this item, and that the Redevelopment Commission will bring it back to the Board; explaining the City has an agreement to utilize the property, but not in the manner that is presently being proposed with substantial infrastructure improvements. Pending Item – Request for 2nd Saturdays Craft Bazaar Corporate Counsel John Espar addressed the Board stating this is the same as the previous item, and can be removed from the pending item list. Pending Item – AT&T License Agreement to utilize City right-of-way Corporate Counsel John Espar addressed the Board regarding the AT&T License Agreement for the placement of a VRAD device on city right-of-way, stating this has been signed by AT&T and has been returned to the City Clerk’s Office and can be signed by the Board today; explaining the process for the completion of the agreement and changes that were made. Michael Palmer made the motion to approve the License Agreement with AT&T for the installation of a VRAD device as submitted by Corporation Counsel. 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 – July 7, 2014 Page 11 Pending Item – Sale of City Property – Cleveland Avenue adjacent to Fire Station No. 4 Corporate Counsel John Espar addressed the Board stating he has a Draft, which he has not forwarded the Draft agreement on the Cleveland Avenue property to the highest bidder for that property, which needs to include substantial easements for water, sanitation, Fire Department, which made this more complicated than a routine real estate transaction would otherwise be. Pending Item – Amendment to Telephone/Cell Phone Policy Corporate Counsel John Espar addressed the Board regarding the amendment to the Telephone/Cell Phone Policy. Michael Palmer stated the policy was not amended; explaining telephones will be purchased through Verizon, but the policy itself is still being worked on. Mr. Palmer further explained the Board has been asked to remove the item at this time and it will be brought back at a later date. Sale of City Property – 204 Willard Avenue – City surplus properties Craig Phillips, City Planner addressed the Board regarding the sale of City property; informing the Board that an Ordinance has been introduced to approve funding for getting the appraisals and survey work done for about twelve (12) parcels. Mr. Phillips stated he can provide the Board with the information at their next meeting. President Janus stated the item can be removed at this time, and the City Planner can bring it back after the appraisals and survey work is complete; explaining the process for the sale of the properties the Mayor approves. Vice-President Carnes requested the City Clerk’s Office keep the interested party of 204 Willard Avenue updated on the process. Pending Item – Daniel D. Bruce Memorial Craig Phillips, City Planner addressed the Board stating he has to verify with the City Forester Frank Seilheimer on if the pedestal installation has been completed; after the curing process has set the plaque can be placed. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Phillips regarding what will be done with the old plaque. Mr. Phillips stated there has been discussion regarding disposing/transferring the plaque to another entity; explaining the item would still need to go before the Board for official action to transfer the property. Pending Item – Trail Creek signs Craig Phillips, City Planner addressed the Board stating they are still working with the County and Agencies involved in this project. Regular Meeting – July 7, 2014 Page 12 Pending Item – City Street signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report on this at this time; explaining this is on hold until the Lake Michigan Gateway Implementation Strategy is complete; which will be completed soon. Pending Item – 111 Franklin Street (Ice Cream Parlor) Craig Phillips, City Planner addressed the Board stating this was addressed previously in the meeting. Pending Item – Signage to identify US Hwy 12 & Michigan Boulevard Craig Phillips, City Planner addressed the Board stating there is nothing new to report on this at this time; explaining this will be addressed after the completion of the Lake Michigan Gateway Implementation Strategy. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop, stating they are putting together bids and specifications. Pending Item – Burn Em Brewing/Freyer Road pedestrian crossing Charles “Spike” Peller, City Engineer addressed the Board regarding the request for pedestrian crossing on Freyer Road for Burn Em Brewing; presenting the Board with handouts of an LED crossing system, stating these are about $10,000.00; not recommending the City pay for something like this. Mr. Peller stated at the minimum the City could paint a crosswalk and install two (2) pedestrian crossing signs, and possibly installing a “dusk to dawn” light there. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the business, location, funding for the project, parking requirements, engineering specifications for mid-street uncontrolled crossings, design specifications, engineering/warrant study to determine what should be done, and liability for the City. Lt. Loniewski, M.C.P.D. Traffic Division addressed the Board stating he has spoken with the City Engineer and concurs that a crosswalk is warranted in this case; referring to the mid- street crosswalks that have been installed on Michigan Boulevard. Lt. Loniewski recommended the approval of a crosswalk; the design would be up to Mr. Peller. Craig Phillips, City Planner addressed the Board reminding them of the mid-block crosswalk that was installed for the Hearthside Foods facility to allow employee crossing from the parking lot to the baking facility. Donna Pappas, City Controller addressed the Board explaining that for every street light the City installs it costs approximately an additional $500.00 a month; asking the Board to take this under advisement as the City is faced with budgetary constraints. Regular Meeting – July 7, 2014 Page 13 Mr. Peller addressed the Board stating he will further investigate and get back with the Board on this request. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating nothing has changed; they are still investigating this with the Fire Department and Sanitary District. Pending Item – Crosswalk Michigan City High School Charles “Spike” Peller, City Engineer addressed the Board regarding the crosswalk project for the Michigan City High School; stating he has met with the Mayor who has suggested he talk with the County regarding their proposal to build a road from the High School to US Hwy 20. Mr. Peller explained the property owner has suggested that he would donate the right-of-way, this would be a County project and he will try to work out an agreement with them for the crosswalk. Mr. Peller informed the Board that he has talked with the Engineer and will speak with the Commissioners Attorney to see what can be done; explaining the Mayor suggested this be put on hold until further information on the building of the road comes to light. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the installation of the road, sidewalks, the crosswalk and funding for the project. Pending Item – Installation of street light at 1017 Providence Charles “Spike” Peller, City Engineer addressed the Board regarding the installation of a street light at 1017 Providence; stating he is working on the description of the easement. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating this was discussed previously in the meeting. Previous Item – Rustic Fencing-2906 E. Michigan Boulevard Vice-President Carnes addressed City Engineer, Charles “Spike” Peller regarding updating the Board on what measures were decided on for Rustic Fencing, 2906 Michigan Boulevard. Mr. Peller explained they have met with the owner and construction company and have agreed on a plan of action; further explaining deliveries will not be loaded and unloaded on Michigan Boulevard. Mr. Peller stated the plan is for deliveries/garbage pick-up to access the Public Access to Trail Creek that is being installed at the old Palowske property which will allow access to Rustic Fencing. Regular Meeting – July 7, 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 did receive “Notices” back as undeliverable from the original party of interest; and the demolition process will begin this week. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating this was addressed previously in the meeting. PUBLIC COMMENTS President Janus asked if there were any comments from the public. Gary Plunk, A Dove’s Tail Furniture 829 Franklin Street, addressed the Board asking permission to be allowed to do some of his work on the sidewalk in front of his business; explaining what he will be doing and what power tools he will be using periodically throughout the summer months. Craig Phillips, City Planner addressed the Board regarding accessibility and safety concerns; explaining Mr. Plunk would need to submit a formal request to the Board in writing through the City Clerk’s office to be placed on the Agenda. Discussion ensued between the Board and Mr. Phillips regarding the request. President Janus advised Mr. Plunk to go to the City Clerk’s Office and complete the request form to be placed on the next Agenda. 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. Michael Palmer addressed City Controller, Donna Pappas regarding the Itinerate Vendors Licenses for Seven Peaks Water Parks; stating they have been out soliciting door-to-door. Donna Pappas, City Controller addressed the Board stating Seven Peaks did purchase permits for twelve (12) people one day, and returned the next day and purchased twelve (12) more; explaining they took a one (1) day permit each time. Corporate Counsel John Espar addressed the Board regarding “disclosure”; explaining he will be representing the buyer of property located at 202 Hilltop. Charles “Spike” Peller, City Engineer addressed the Board explaining he will be getting an Engineers estimate, plans and specifications for the project; furthering explaining once the estimate is received, he will be going before the Common Council to get funding for the project; once funding is approved the project will go out to bid. Regular Meeting – July 7, 2014 Page 15 Counsel Espar further explained to the Board the transaction he will be involved with has nothing to do with the proposed project. Corporate Counsel John Espar addressed the Board, City Engineer and Planning Department regarding the property located at the old girl scout camp, Motts Woods; suggesting that Mr. Phillips, City Planner or Mr. Peller, City Engineer bring the issue to the Board at their next meeting with pictures, diagrams or ariel photographs; explaining the individual who owns the home that was the old cabin for the girl scout camp has concerns regarding the driveway. President Janus asked if there were any 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 12:00 noon). 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