Board of Public Works & Safety

REGULAR MEETING – October 6, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, October 6, 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 Vice-President Sharon Carnes, 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 Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Asst. Chief Royce Williams, M.C.P.D. Lt. Jeff Loniewski, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Craig Phillips, City Planner Skyler York, Asst. Planning Director Donna Pappas, City Controller Judy Pinkston, Director Community Development Amber LaPaich, City Attorney Mike Milatovic, Plant Superintendent Sanitary District Arber Himaj, Engineer Sanitary District Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES Vice-President Carnes asked if there were any corrections to the minutes of the Regular meeting of September 15, 2014. Michael Palmer made the motion to approve the minutes from the regular meeting of September 15, 2014. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST FOR HANDICAP PARKING – Katherine Scott, 701 S. Dickson Street is requesting a handicap parking sign in front of her residence The following correspondence was received in the City Clerk’s Office on October 1, 2014 from Katherine Scott, 701 S. Dickson Street: Type of Request: Traffic Control Signage 1) Handicap Parking (by permit only) sign in front of above stated address 2) Alley – No Parking Allowed in alley behind above stated address Regular Meeting – October 6, 2014 Page 2 Vice-President Carnes asked if Ms. Scott was present to address the Board regarding this request. There was no response; and Vice-President Carnes stated the matter will be held over until the next meeting. Vice-President Carnes stated she did drive by the residence and there is a handicap parking sign there. REQUEST FOR INSTALLATION OF PARKING POSTS – Austyn Crites, 210 Maple Street is requesting the City to help install parking blocks in the alley behind his residence The following correspondence was received in the City Clerk’s Office on September 19, 2014 from Austyn Crites 210 Maple Street: Type of Request: Parking blocks/posts I have been a resident of Michigan City for a year now and purchased a house upon arrival. In these 12 months, my back fence has been run over 3-4 times by either neighbors and/or their visitors in the housing authority apartments on the north side of the property. Never has anyone claimed responsibility, and I have little incentive to fix the fence as it keeps being mowed over by vehicles. My kind request is for the City to help install parking posts/blocks to protect the fence on the alley dividing the apartment parking and my house. Thank you for your serious consideration. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request stating Mr. Crites contacted him earlier this summer about a problem he was having with neighbors; explaining that Mr. Crites lives behind the housing complex which is located at the south east corner of 11th and Maple Streets. Lt. Loniewski explained the problem to the Board, and that Mr. Crites is hoping the City will install some type of barrier that would prevent cars from backing all the way across the alley into his property. Lt. Loniewski asked the Board to refer the request to the Traffic Division and Planning Department to see if they can come up with some idea to help him out. Discussion ensued between the Board, Corporate Counsel John Espar and Lt. Loniewski regarding the Housing Authority providing the parking blocks since it is their parking area. Lt. Loniewski stated that is a possibility that they will check into. REQUEST FOR NO PARKING SIGN – St. George The Great Martvr Orthodox Church, 303 Grace Street is requesting a No Parking/No Loitering sign in front of their church, one on the south end of the property on Holiday Street and another at the vacated alley behind the Church on the east end The following correspondence was received in the City Clerk’s Office on October 1, 2014 from Rev. Hieromonk Fr. Timothy Tadros, Rector, St. George The Great Martvr Orthodox Church, 303 Grace Street: RE: No Parking Sign Mark Swistek, Chief of Police As per our conversation on the phone with Willie Milsap on Aug. 20, I am writing to you concerning our Church located at 303 Grace Street, Michigan City. We are having many difficulties in front of our church at 303 and on the 300 block of Grace Street here in Michigan City, with people parking and standing around in front of the church and at times blocking the roadway. We are requesting a No Parking, No Loitering, and or tow away zone (?) signs to be placed on or near the Church property. Regular Meeting – October 6, 2014 Page 3 Also on the South end of the property on Holiday Street and the vacated alley behind the Church on the East end. However, we do need the space for our own parking on Sundays and feast days, so we also need something that states our exemption for our parishioners and myself violating the sign order. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board and presented them with a packet of information regarding the request; explaining the request, the calls for service since January 2010 and the need for the installation of parking restrictions along Grace Street, which includes the posting of No Parking signs on the Church’s private property. Discussion ensued between the Board, Corporate Counsel John Espar and Lt. Loniewski regarding the Church’s request for signage in the vacated alley. Lt. Loniewski informed the Board that the alley is not a throughway, that it just provides access to their dumpster in the back and that a “Do Not Block Alley” sign could be installed, but he has not noticed a problem with vehicles parking there only pedestrian traffic; not recommending the installation of the “No Loitering” signs at this time. Further discussion ensued between the Board, Corporate Counsel Espar and Lt. Loniewski regarding the “No Parking on Pavement” signs, which means no parking on the street; and this would be for only the 300 block of Grace Street. President Janus stated based on the recommendation of the Traffic Division, he made the motion to approve Lt. Loniewski recommendation for the stated installation of the “Church Parking” signs in front of the church, and the “No Parking on Pavement” signs along the 300 block of Grace Street. 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 NO PARKING SIGN – The Mainstreet Association/Farmers Market at 8th and Wabash Streets are requesting “No Parking on Saturday” signage placed in the public parking lot The following correspondence was received in the City Clerk’s Office on October 6, 2014 from Lt. Jeff Loniewski, M.C.P.D. Traffic Division: The organizers of the Farmers Market at 8th/Washington are requesting the installation of “No Parking on Saturday mornings” signage in the public parking lot that they use for their event. Could you please add this to the B.O.W. agenda. I will present it on their behalf at the meeting. I am also sending over a request for parking restrictions in front of the church in the 300 block of Grace Street that will be addressed at the meeting. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board and presented them with a handout of a sample sign that could be utilized for the request; explaining the request is due to vehicles being parked in the lot overnight and that at present there is nothing the City can do to make them move, and there has been problems in locating the vehicle owners to have them move from the parking lot. Lt. Loniewski stated it would be the Traffic Divisions recommendation to install “No Parking” signs at the two (2) entrances to that parking lot to prevent people from parking there overnight or from 6:00 a.m. to 12:00 p.m. each Saturday that the Farmer’s Market takes place. Discussion ensued between the Board, Corporate Counsel John Espar and Lt. Jeff Loniewski regarding the signage being in effect from May thru October while the Farmer’s Market is taking place; and the use of a City enforced city standardized sign. Regular Meeting – October 6, 2014 Page 4 President Janus made a motion to approve the recommendation of Lt. Loniewski for the installation of the “No Parking from 6:00 a.m. to 12:00 p.m. from May 1st thru October 31st” signs. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. MEMORANDUM OF UNDERSTANDING – Memorandum of Understanding between the Michigan City Board of Public Works and Safety and Michigan City Area Schools – Police- School Liaison Officers Assistant Chief Royce Williams, Michigan City Police Department addressed the Board regarding the Memorandum of Understanding for the Police-School Liaison Officers explaining this is an annual update for the M.O.U. between the City and the School system for the School Resource Officer program, and that the content of the M.O.U. remains the same; further explaining there is only one (1) SRO on duty at this time; asking for the Board’s approval. President Janus made the motion to approve the Memorandum of Understanding between the Michigan City Board of Public Works and Safety and Michigan City Area Schools for the Police-School Liaison Officers. 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 Asst. Chief Williams regarding the M.O.U. referencing an Exhibit “A” under paragraph 6. Counsel Espar stated he pulled his M.O.U. from last year and he has the Exhibit which describes varies aspects of the Officers duties relative to the Liaison position, which he would like to have included. Counsel Espar addressed Asst. Chief Williams regarding the number of years the City will be providing the one (1) Liaison Officer free of charge. Asst. Chief Williams stated as long as the entities continue to agree and move forward with the M.O.U.; that there is no ending date that he is aware of. Discussion ensued between Counsel Espar and Asst. Chief Williams regarding the number of officers being utilized, and the length of time the one (1) officer would be provided free of charge. Counsel Espar stated to his recollection the officer that is being provide free of charge is a result of the Eastport property exchange and is not indefinite; asking for some help in researching the information; and wanting to add some reference to the fact. Further discussion ensued between the Board and Corporate Counsel Espar regarding approving the M.O.U. today and adding the additional language in the future and putting that on the Pending Item list. Counsel Espar referred to the separate agreement for the Eastport property exchange that he would like to reference in the M.O.U. so that years down the road it’s clear as to when the City could charge for the additional officer. Counsel Espar suggested the item be held over until the next meeting as he will be proposing an Amendment; which will then need to go back before the School Board. President Janus withdrew his motion to approve. The motion to withdraw was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – October 6, 2014 Page 5 REQUEST FOR STREET CLOSURES – Ryan Bos, Michigan City Piranhas Swim Club is requesting to have their Annual “Tower Run” on Sunday, September 20, 2015 The following correspondence was received in the City Clerk’s Office on October 1, 2014 from Ryan Bos and Michael Sewell: The Tower Committee and Michigan City Piranhas Swim Club request to be on the Board of Works meeting agenda scheduled for Monday, October 6, 2014. After taking a year off, we will ask for permission to use approximately a mile of Lakeshore Drive for the 22 nd Annual Tower Run to be held on Sunday, September 20, 2015. Tower has selected and partnered with the Michigan City Piranha Swim club to be the benefiting non-profit organization and production partner for the 22nd annual race. This partnership will ensure the return and continued growth of the longest and most unique existing running race in Michigan City. The success of this race will not be possible without the support of the Michigan City Departments, specifically the Police Department. We have already been approved by the Michigan City Parks & Recreation Department. The Tower Run race will start at 9:00 A.M. from the Washington Park parking lot 2. The finish will be on Parker Parkway near the bumper car building in Washington Park. The course takes participants through the scenic areas of the Michigan City Beach communities and Washington Park. It includes the very challenging hill and steps to the historic WPA Observation Tower. 1. At minimum, we request police presence at the following three traffic points where traffic needs to be stopped. 1. Lakeshore Drive at the entrance to the Beachwalk community. Runners will cross Lakeshore Drive from the boardwalk to enter the Beachwalk community. 2. Lakeshore Drive at Marine Drive/Amphitheatre Street. Runners/Walkers will run down the hill after circling the Tower and then run up Marine Drive toward the Senior Center. This is the most critical point as runners/walkers are moving fast down a steep hill. 3. Lakeshore Drive at Washington Park exit/Yacht Club entrance. Runners will exit the park and do an out and back around Memorial Park and the Yacht Club. Runners cross this point from both directions as they loop around Millennium Plaza and the Yacht Club. 2. Other traffic points that warrant attention and where we place volunteers. 1. Lakeshore Drive at the main entrance to Washington Park parking lot 1. 2. Lakeshore Drive at the back entrance to Washington Park and Krueger Ave./ Hill. 3. Lakeshore Drive and N. Lake Ave. 3. As long as we have support at those critical traffic points, we don’t see the need to close Lakeshore Drive traffic from either direction. Police support in 2013 was phenomenal. We will discuss with them the best course of action to ensure the safety of all participants and volunteers. Proceeds will benefit youth in the Michigan City area through the programs offered by the Michigan City Piranhas Swim Club. We look forward to the return of the Tower Run and great partnership with city departments. Michael Sewell of the Michigan City Piranhas Swim Club addressed the Board explaining the Piranhas Swim Club will be the benefactors of the proposed event; stating they are asking for the same road closures as in the past; asking the Board for their approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating this is a well- organized annual event; recommending approval. Vice-President Carnes addressed Mr. Sewell asking if a “Certificate of Liability Insurance” has been provided for the event. Regular Meeting – October 6, 2014 Page 6 Mr. Sewell explained the Piranhas will provide the “certificate” as soon as they receive it. Michael Palmer made the motion to approve the Tower Run to be held on September 20, 2015 providing the Certificate of Liability Insurance is provided to the City Clerk’s Office ten (10) days prior to the event. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. 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 President Janus 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 09/19/2014 $400,646.73 1 of 1 09/19/2014 $43,407.69 1 of 3 10/01/2014 $214,439.55 1 of 1 10/03/2014 $351,650.95 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 9 10/01/2014 $402,409.04 1 of 4 10/01/2014 $293,730.92 1 of 1 10/06/2014 $57,977.48 UNFINISHED BUSINESS – Pending Items Pending Item – Agreement with ACUITY for Franklin Street project Corporate Counsel John Espar addressed the Board stating he has reviewed the Acuity Agreement; and this Board previously approved it. Discussion ensued between the Board and Counsel Espar regarding the current agreement wherein Acuity Environmental Solutions is asking to do some remedial injections at the monitoring well sites to close out the projects. Counsel Espar explained he has prepared the Agreement and will have it brought to the Board before the end of the meeting. Vice-President Carnes stated they will come back to this item later in the meeting. Regular Meeting – October 6, 2014 Page 7 Pending Item – INDOT Agreement for regulatory sign replacement per Federal Guidelines Corporate Counsel John Espar addressed the Board stating he sees no reason why that can’t be approved. President Janus made the motion to approve the INDOT Local Public Agency Project Coordination Contract for the replacement/installation of regulatory signs throughout Michigan City per Federal Guidelines. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – Sale of City Property-725 E. Michigan Boulevard, Sal Dunlap Corporate Counsel John Espar addressed the Board regarding the request for the purchase of city property located at 725 E. Michigan Boulevard by Mr. Sal Dunlap; stating this property was previously acquired by the Redevelopment Commission, who paid a substantial sum for that property. Craig Phillips, City Planner addressed the Board stating he would like the opportunity to discuss this with the Redevelopment Commission before any action is taken on this, since they are the ones who purchased the property. Mr. Phillips informed the Board the Redevelopment Commission has a meeting this evening and will take this matter up with them under executive session and see what the status of the property is in their opinion. Counsel Espar advised the Board this item could be removed from the pending item list as they do not own it; it is owned by the Redevelopment Commission, so if they want to sell it they will have to act on it. Mr. Phillips explained that it is owned by the City of Michigan City, but purchased by the Redevelopment Commission; and is on the tax rolls as City of Michigan City. Mr. Phillips will ask the Redevelopment Commission what their knowledge is of that before any action is taken. Vice-President Carnes stated the item will be held over until the next meeting. Pending Item – 1720 Franklin Street, Panini Panini requests street light in alley, bike racks and garbage cans Craig Phillips, City Planner addressed the Board stating they met with Mr. Schnappinger who requested the placement of the street light, bike racks and garbage cans; advising the Board they are recommending the approval of the installation of one (1) street light in the alley at the point where the alley runs from east to west and turns north to south and becomes the rectangular area to the back of the buildings; in the center of that rectangular area on the north end where there is one (1) pole. Discussion ensued between the Board and Mr. Phillips regarding the location for the placement of the street light. Mr. Phillips further explained the Mayor has found funding for this installation. Regular Meeting – October 6, 2014 Page 8 Mr. Phillips informed the Board regarding the placement of bike racks and garbage cans the Planning Department is looking into what supply the City has in terms of those items; and may likely be able to recycle some of the garbage cans the Redevelopment Commission is looking to replace on Franklin Street in the Uptown Arts District. Mr. Phillips explained they will look at excess supply for the bike racks or they may request the Council purchase bike racks for that area, but that will take a little more research; so today he is just asking for approval of the placement of the light on the pole in the alley. Discussion ensued between the Board and Mr. Phillips regarding extra bike racks being stored at the City barns that were not used. Mr. Phillips explained the ones the Redevelopment Commission purchase are accounted for as they have been donated to the Parks Department, and he would need to find out if there are other bike racks there for other purposes that can be installed in those locations, either behind the business in the alley area or in front depending on the type of rack. President Janus made the motion based on the recommendation of the Planning Department to approve the installation of the street light at the intersection of the north/south – east/west alleys. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – Placement of signage around Marquette Catholic High School Craig Phillips, City Planner addressed the Board stating he has met with both Marquette High School; as well as this issue has been reviewed by and approved by the Historic Review Board for placement of the signage as requested. Mr. Phillips explained these are basically signs to create a “drug free” zone, as the Board is aware having received copies of what the signs look like; explaining the type and size of the sign being proposed to be used are similar to speed limit signs; and that these signs would be placed on poles that are already there and some where new poles would need to be installed. Mr. Phillips stated these signs would be placed on 9th, 10th and 11th Street in the vicinity of Marquette High School running between Washington Street on the east to as far west as Ohio Street. Mr. Phillips recommended approval to the Board for the installation of the requested signs by Marquette High School. President Janus inquired if the signs were being purchased by Marquette High School. Mr. Phillips stated that they were. President Janus made the motion to approve the request for the installation of the proposed signs throughout the Marquette High School complex. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – Installation of Trail Creek signs Craig Phillips, City Planner addressed the Board regarding the request for the installation of Trail Creek signs; presenting the Board with a map of the proposed locations for the placement of the signs and explaining these are informational only signs identifying Trail Creek as visitors and residents pass over various bridges at locations within the City limits as well as the County, which makes this a County and City wide effort to identify Trail Creek; Regular Meeting – October 6, 2014 Page 9 which has been led by the Trail Creek Watershed Management Group. Mr. Phillips stated these are very similar if not exactly the same as the type of signs you see on State Highways identifying a body of water (i.e. a lake or river) that just says the name of that body of water. Mr. Phillips explained the request is only asking for the placement of eight (8) signs within the City. Discussion ensued between Counsel Espar and Mr. Phillips regarding a purpose beyond just so people know the bridge their crossing is Trail Creek. Mr. Phillips explained it’s about raising awareness about the Creek and paying attention to the fact that it’s not just a ditch; and that the locations that a bridge of some sort crosses the Creek, whether it’s pedestrian or vehicular, for the purpose of awareness and identification. Mr. Phillips stated the cost is being taken care of by the Trail Creek Watershed Management Group. Further discussion ensued between the Board and Mr. Phillips regarding who owns the bridges. Mr. Phillips stated the placement of the signs would be on City right-of-way near the bridges, not on the bridges themselves. Counsel Espar addressed the Board regarding concerns he has with the placement of additional signs, stating this is more personal than legal, with regards to signs installed that do not serve a purpose or function. Mr. Phillips respectfully disagreed; stating the Trail Creek Watershed Management respectfully disagrees as this is about identification, information and pride, as a lot of people do not realize when they are crossing Trail Creek in various location within Michigan City and this groups goal is to identify and promote Trail Creek as a body of water within the City and they decided to take the simple approach of just identifying the Creek itself rather than trying to send an additional message was the right way to go. Vice-President Carnes stated she agrees with the Trail Creek Watershed Management group also as it is important to identify the Trail Creek Watershed as it empties into Lake Michigan which is one of our prime assets in Michigan City. Michael Palmer made the motion to allow the Trail Creek Watershed Management group to install the signs on the Trail Creek waterway. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – City Street Signs Craig Phillips, City Planner addressed the Board stating there is nothing to report on the city street signs; explaining he is hopeful the City is close to wrapping up the Gateway Implementation Strategy process, and will have more information on that soon. Pending Item – Request for signage to identify US HWY 12 & Michigan Boulevard Craig Phillips, City Planner addressed the Board stating this is the same as the City Street Signs. Regular Meeting – October 6, 2014 Page 10 Pending Item – 111 Franklin Street (Ice Cream Parlor) Russ Hatfield, Code Enforcement Officer addressed the Board stating Mr. Ziola has been in constant contact with him over the past few weeks; and is present today. Mr. Hatfield stated N.I.P.S.Co has done some of the underground work, and the gas line should be installed sometime this week. Mr. Ziola presented the Board with a letter of intent from Tommy B’s steakhouse with regards to a lease agreement and one from PUD Properties, Barbara Sexton, with regards to purchasing the property. Discussion ensued between the Board, Mr. Hatfield and Mr. Ziola regarding the progress of the project and it not being ready for a building permit to be issued. Mr. Hatfield stated the Order to Repair would need to be complete and all work described in that Order would need to be finalized in order to fulfill that obligation. Mr. Ziola informed the Board of the work that will be done soon, which includes the electric that has been done, the installation of gas line and the furnaces, the redesign of the interior for the prospective tenant, and the possible purchase of the property. Vice-President Carnes addressed Mr. Hatfield asking where the Board stands as far as the demolition process. Mr. Hatfield stated he has received the claim payment from the Controller’s Office to file that with the County so that it goes right against the property, and he is going to schedule that for the Demolition Hearing to be the second meeting in November; and at that time the Board can rescind, modify or enforce that order. Further discussion ensued between the Board, Mr. Hatfield and Mr. Ziola regarding the process of the project and deadlines that need to be met; including the pouring of concrete, sewer lines installed, patio decking to be completed; and that the Board’s process remains in effect. Mr. Hatfield informed the Board that the joists for the decks have been installed and are just waiting for completion. Craig Phillips, City Planner addressed Mr. Ziola regarding information he received from the potential purchasing party that there has been an accepted offer on the purchase of properties. Discussion ensued between the Board, Mr. Phillips and Mr. Ziola regarding the refinancing of the entire two parcels into one parcel and the potential buyer. Mr. Phillips asked that Mr. Ziola keep the Board apprised of the situation with the two properties. Corporate Counsel John Espar addressed Mr. Hatfield regarding the Order to Repair filed and being of record with the Recorder’s Office. Mr. Hatfield stated the Order to Repair never was as it was kept in front of the Board, but the Order to Demolish will be filed today. Discussion ensued between Counsel Espar and Mr. Hatfield regarding the process Mr. Hatfield follows when filing with the Recorders Office the Order to Demolish paperwork. Counsel Espar asked Mr. Hatfield to Record the Order to Repair as well as the Demolition Order as both of them should be of record. Regular Meeting – October 6, 2014 Page 11 Pending Item – Agreement with ACUITY for Franklin Street project Corporate Counsel John Espar addressed the Board stating he has prepared a License Agreement for ACUITY in the manner and form of previous agreements to reflect the new work that’s being done; and with the Board’s approval he can execute it on behalf of the Board or if the Board prefers to have it drafted for their signatures he can have that modification made and it can executed at the next meeting. Counsel Espar explained this agreement is for the purpose of affecting the work that has been requested by ACUITY on Franklin Street for the injection sites. Michael Palmer made the motion to allow Counsel Espar to sign the Agreement and send it off to ACUITY so they can get started on the project. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – No Parking signs on Greenwood Avenue by St. Stanislaus Cemetery Michael Palmer addressed the Board stating that two (2) signs have been installed, although he believes they could use one (1) more as the current signs are two close to the entrance and not close enough to the end of their property so cars could still technically park there. Mr. Palmer stated he will contact Mr. Zondor at Central Services and have that taken care of. Mr. Palmer stated the item could be removed from the Pending Item list. Pending Item – Request for Honorary Street Signs-Leon Coleman Jr. on Karwick Road Charles “Spike” Peller, City Engineer addressed the Board stating the Street Department is manufacturing the sign and will be placed as soon as it is ready. Pending Item – 315 N. Dickson Street installation of street light Charles “Spike” Peller, City Engineer addressed the Board stating NIPSCo has been asked to place the street light; he has not been out to see if it has been installed yet. Vice-President Carnes addressed Mr. Peller asking him to look on Holiday Street south of the railroad tracks to make sure they have the requisite number of lights on that stretch, especially around Calumet Avenue. Pending Item – Request for Handicap Parking Sign-Effie Lee Williams – 320 Pleasant Avenue Charles “Spike” Peller, City Engineer, addressed the Board stating the Handicap Parking Task Force met September 18, 2014. Mr. Peller stated he put together some notes from that, and there were some recommendations and he is working with Counsel Espar on the process to go forward with the handicap parking. Mr. Peller further stated he will forward copies of the minutes of that meeting so the Board can review them. Discussion ensued between the Board and Mr. Peller regarding who was on the Task Force. Mr. Peller informed the Board that the Task Force was comprised of himself, Counsel Espar, Regular Meeting – October 6, 2014 Page 12 Skyler York from the Planning Department, Lt. Jeff Loniewski M.C.P.D. Traffic Division, and Bob Zondor of Central Services. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop stating he forwarded plans and specifications to the Board, which they should have, for that project. Mr. Peller explained today he is looking for the Board’s approval to go ahead and bid the plans and specifications; further explaining that payment will come from the streets and sidewalk program. Vice-President Carnes addressed Mr. Peller asking for clarification that these plans will retain the stairs at the upper or north portion and somehow preserve access to the house on the lower portion. Mr. Peller stated that was correct. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the bid package that was prepared as part of the project manual contained a bid sheet that doesn’t comply with the State Board of Accounts bid form and that change being made, which includes the Non-Collusion Affidavit. Mr. Peller stated this document is primarily the technical specifications, and he will have all of the City documents included. Michael Palmer made the motion to move forward with bidding out the project for 202 Hilltop. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – CSX request for guardrail and curve ahead signage Mr. Peller, City Engineer addressed the Board regarding the request stating he is still working on the plans and specifications; as the typography needs to be done so they know where to put everything, and as soon as he gets that then he will have Reith-Riley the contractor build those guardrails. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the cost of the project being shared between the City and the Railroad. Mr. Peller stated there are no plans proposed for cost sharing of the project; and this was brought before the Board and they said they would pay for it as it is a safety issue for the City. Mr. Peller further explained that if the City will be working on the railroads property, the City will need to get permission from them to do so. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating he is still working with Chief Martin of the Michigan City Fire Department on that whole area. Regular Meeting – October 6, 2014 Page 13 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 met with the apartment complex representative and let them know what the City is proposing to do, and the representative from the apartments is going to meet with her people and see if they could build the sidewalk. Mr. Peller explained the City’s work being done on the right-of-way and on school property, which will make the apartment complex not in compliance with the ADA requirements as put forth by the Federal Government. Mr. Peller stated they have the plans, but still need to have an Agreement or Memorandum of Understanding between this Board and the School Board so the City can donate the work that will be done on school property. Vice-President Carnes asked Corporate Counsel Espar to look into what type of an agreement would need to be prepared. Mr. Peller further stated that he has not been able to talk to the school yet, as the person he would need to discuss the plans with has been off sick; and once he speaks to them he can get with Counsel Espar to work out the type of agreement needed. Discussion ensued between the Board, Counsel Espar and Mr. Peller regarding the proposed plans for the installation of a pedestrian sidewalk, which would be gifted to the School Corporation, the installation of a crossing signal and the installation of a bus shelter on a concrete base; and the installation of the sidewalk at the apartment complex. Mr. Peller explained the sidewalk for the school would be on their property and not on the City right-of- way. Further discussion ensued between the Board, Counsel Espar and Mr. Peller regarding if there had been any thought regarding the school simply transferring the property to the City where the sidewalk would be installed, and then the City would have the sidewalk in their right-of-way, and who would maintain it. Mr. Peller stated he will bring this to the school’s representative to see how they would like to approach this. 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 this is done and can be taken off the Pending Item list. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating there have been many emails going back and forth regarding this, and it is his understanding that AT&T will move their pole and then the City can get out there and redesign the curbing. Pending Item – Sinking/receding property at northwest corner of Franklin & 7th Streets Russ Hatfield, Code Enforcement Officer addressed the Board regarding the sinking/receding property at the northwest corner of Franklin and 7th Streets, stating he is still waiting for the Sanitary District reports, as they are making sure there are no open sewer lines there. Regular Meeting – October 6, 2014 Page 14 Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating this is still being kept on a temporary hold for the time being. Discussion ensued between Corporate Counsel John Espar and Mr. Hatfield regarding the process for the demolition at this site. Mr. Hatfield explained currently this is just a blighted/vacant structure and is not in a hazardous state or immediate danger of collapsing, and he is just going through the process. Mr. Hatfield further explained there are other IDEM regulations that need to be considered that he wanted to discuss with Corporate Counsel before continuing. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating he is going to request bids be received at the first meeting in November for demolitions. Pending Item – 904 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 904 E. Michigan Boulevard stating the bid specifications were done, but in light of some of the IDEM requirements he would like to consult with Corporate Counsel John Espar before proceeding. New Item – 1108 Elston Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1108 Elston Street explaining there are still traps set there as of last week, and as far as he knows the owners are still working with professionals to handle the problem; and have not received any more complaints of raccoons. Mr. Hatfield advised this could be removed from the Pending Item list. New Item – 1110 Washington Street-fire damage Russ Hatfield, Code Enforcement Officer addressed the Board stating he spoke with Mr. Sherman last week and he will be working on the outside to get it buttoned up within the next couple of weeks and then moving on to the interior. Previous Agenda Item – Request for Handicap Parking sign - Katherine Scott 701 S. Dickson Street Vice-President Carnes addressed the Board asking to go back to the previous Agenda item for a Request for Handicap Parking sign from Katherine Scott, 701 S. Dickson Street. Katherine Scott, 701 S. Dickson Street addressed the Board stating the signs have already been installed. Regular Meeting – October 6, 2014 Page 15 Discussion ensued between the Board, Corporate Counsel John Espar and Charles “Spike” Peller City Engineer regarding the signs being placed without the Board’s approval; asking the City Engineer to look into it. PUBLIC COMMENTS Vice-President Carnes asked if there were any comments from the public. Paul Neithammer, 125 Lakeshore Drive addressed the Board regarding the proposed work for 202 Hilltop; stating concerns he has with the minutes from the February 18, 2014 Board of Public Works and Safety meeting. Mr. Neithammer asked the Board to have the following text read into the minutes; presenting the following: “Mr. Neithammer asked the Board that any estimates should be itemized for the various parts of the work such as tree removal, rehabilitation of the small portion of the retaining wall near 202 HillTop, hand-rails, drainage, possibility of lights, etc. in order to prioritize, schedule and possibly approve only some parts of the proposed work, especially since the tree removal is the most urgent. Because as long as the leaning trees that are too close to the retaining walls are not being addressed, they continue to degrade those sections of the retaining wall. Plus the tree removal would need to be done first, before retaining wall or other work could start.” Mr. Neithammer explained that when he asked at the February meeting to address the work to be done by itemizing it had nothing to do with the individual adjacent property owners, but itemizing the different aspects of the maintenance; asking if the project cost would need to go before the Council for approval. Vice-President Carnes informed Mr. Neithammer that the Board of Public Works and Safety has their own budget for funding projects. Mr. Neithammer further expressed his concerns with the removal of the dead tree; and the new homeowner at 202 Hilltop, stating he is not sure whether they have been contacted regarding the proposed work, and the previous owner who clear cut the lot several times and it is now grown up again with weed trees and scrub trees. Vice-President Carnes asked if there was anyone else from the public who wished to address the Board. There was no response. BOARD COMMENTS Vice-President Carnes asked if there were any Board comments. President Janus addressed the Board regarding if the Board would have repairs to the streets, sewers and water; and when the work is completed does the City accept the work or do we just take whatever they give us. Discussion ensued between the Board and Charles “Spike” Peller, City Engineer regarding the work performed by contractors for the Sanitary District and the Water Department where they dig into the street. Mr. Peller informed the Board that each contractor is required to have a Performance Bond when they apply for a street cut; and he normally tries to go out and inspect the jobs, however, he does not get to all of them. Regular Meeting – October 6, 2014 Page 16 President Janus addressed the street cuts that are not up to specifications with the original conditions of the roads. Mr. Peller commented that unfortunately not all street cuts and work are being done with the City’s knowledge. Corporate Counsel John Espar addressed Charles “Spike” Peller City Engineer regarding the bid documents for the walkway adjacent to 202 Hilltop and other properties, and a performance bond requirement; asking that Mr. Peller be sure to include both a performance bond and a bid bond in those documents/specifications for the project. President Janus addressed Charles “Spike” Peller City Engineer asking if the Michigan Boulevard project is still on target for October 17, 2014. Mr. Peller replied that was correct, and he believes they are still on schedule. Vice-President Carnes asked if there were any other Board comments. There was no response. ADJOURNMENT Vice-President Carnes inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:08 a.m.). President Janus 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