Board of Public Works & Safety

REGULAR MEETING – April 6, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, April 6, 2015 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, Michael Palmer and Mayor Meer (3). Absent: none (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber LaPaich, Corporate Counsel Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Skyler York, Assistant Planning Director Charles “Spike” Peller, City Engineer Officer Kevin Urbanczyk, M.C.P.D. Traffic Division Chief Ronnie Martin, M.C. Fire Department Frank Seilheimer, City Forester Arber Himaj, Engineer, Sanitary District Craig Phillips, City Planner Judy Pinkston, Director Community Development Block Grant Bob Zondor, Superintendent Central Services/Central Maintenance Shannon Eason, Assistant Superintendent Parks and Recreation Department Randy Novak, M.C. Fire Department Local 475 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 16, 2015. Vice-President Palmer made the motion to approve the minutes from the regular meeting of March 16, 2015. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. AWARDING OF BIDS – 2015 Landscape Project – Franklin Street-Coolspring Avenue to 11th Street Corporate Counsel Amber Lapaich advised the Board of the recommendation of the City Forester, Frank Seilheimer, to award the bid for the 2015 Landscape Project for Franklin Street – Coolspring Avenue to 11th Street – to Caretaker Landscaping and Lawn in the amount of $16,433.00. Regular Meeting –April 6, 2015 Page 2 Mayor Meer inquired if there were conversations with Mr. Seilheimer regarding the contractor meeting all the specifications required. Counsel Lapaich stated that conversation took place. Vice-President Palmer made the motion to award the bid to Caretaker Landscaping & Lawn in the amount of $16,433.00. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. AWARDING OF BIDS – 2015 Landscape Project – Franklin Square Corporate Counsel Amber Lapaich advised the Board of the recommendation of the City Forester, Frank Seilheimer, to award the bid for the 2015 Landscape Project for Franklin Square to Caretaker Landscaping and Lawn in the amount of $16,275.00. Vice-President Palmer made the motion to award the bid to Caretaker Landscaping & Lawn in the amount of $16,275.00. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. AWARDING OF BIDS – 2015 Landscape Project – Michigan Boulevard Corporate Counsel Amber Lapaich advised the Board of the recommendation of the City Forester, Frank Seilheimer, to award the bid for the 2015 Landscape Project for Michigan Boulevard to Servicescape, LLC in the amount of $24,577.67. Vice-President Palmer made the motion to award the bid to Servicescape, LLC in the amount of $24,577.67. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. Discussion ensued between the Board and City Forester Frank Seilheimer regarding the contractors satisfying the requirements of the bid/contract for services. Mr. Seilheimer explained the contractors will be held to the conditions of the signed bid/contract, and that any problems will be addressed with them immediately. REQUEST FOR HANDICAP SIGN – Carolyn Webb, 410 E. 7th Street, Apt. #5 requests a Handicap Parking Sign in front of her residence The following correspondence was received in the City Clerk’s Office on March 18, 2015 from Carolyn A. Webb, 410 E. 7th Street: To whom this may concern (Board of Works) I am writing to request a handicap pole to be placed in front of my building location 410 E. 7th Street apt #5. I have a Permanent Plate, I am 66 years old, and I cannot walk without the use of a cane due to back issues and hip replacement, plus COPD. I appreciate your attention regarding this matter; I live in Michigan City housing authority and they are aware of the issues that I am having. Mrs. Webster is the director over the program, is it possible to get an assign number, since this is an ongoing problem with my health? Thank you once again. Corporate Counsel Amber Lapaich advised the Board there is an Ordinance in front of the City Common Council for second reading describing the procedure to get a handicap parking Regular Meeting –April 6, 2015 Page 3 sign; advising the Board may want to refer this to the Central Services department or TABLE the request until the Ordinance is adopted. Mayor Meer made the motion to TABLE the request from Carolyn Webb for the handicap parking sign until the City Council adopts the Ordinance dealing with the ADA parking throughout the City. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. SERVICE AGREEMENT – Aramark Uniform Services for Central Maintenance Discussion ensued between the Board and Corporate Counsel Amber Lapaich regarding if the agreement was for the purchase of floor mats or for the cleaning of the floor mats; and that it was a renewal of the existing contract. Michael Palmer made the motion to approve the renewal of the contract with Aramark Services for Central Maintenance. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. REQUEST TO PLACE SCULPTURES – Lubeznik Center for the Arts, Michigan City Main Street Association and the Michigan City Public Art Committee requests permission to display “AgriSculpture” at the Farmer’s market The following correspondence was received in the City Clerk’s Office on March 20, 2015 from Janet Bloch, Education Director, Lubeznik Center for the Arts: On behalf of Lubeznik Center for the Arts, Michigan City Main Street Association and the Michigan City Public Art Committee, I respectfully ask to be put on the BOW’s agenda for Monday, April 6, 2015 to present a project called AgriSculpture. The concept of the project is to add visual excitement to the Farmer’s Market with commissioned sculptures by regional artists. These sculptures will be made with used farm equipment and implements. All through the process, the public will get updates adding a level of interest and anticipation. The kickoff will begin at the opening of the Farmer’s Market with the final reveal to be celebrated at the First Friday in August. Attached is an initial outline of the project. The MC Redevelopment Commission and Wintrust have committed funds to this project and would like to donate the sculptures to the City of Michigan City when the artworks are complete. I would appreciate the opportunity to present at the BOW meeting our initial plan and would like to come back during the process to keep everyone informed. Please let me know if I will be on the April 6th agenda. Thanks so much! Janet Bloch, Education Director, Lubeznik Center for the Arts addressed the Board presenting packets to each member; explaining the “AgriSculpture” project. Mrs. Bloch stated there are three (3) entities involved in the project - Michigan City Public Art Committee, Mainstreet Association and the Redevelopment Commission; further stating the idea behind the project is to beautify the Farmer’s Market, which is becoming one of the largest attractions in Michigan City and to revitalize it through three (3) different sculptures, which they will commission three (3) artists to do using antiquated and old agriculture implements and equipment. Mrs. Bloch explained that the Redevelopment Commission has pledged money along with Wintrust, who is a private funder for the project. Mrs. Bloch further explained when the sculptures are done they will be placed at the Farmer’s Market on the First Friday, August 2015 and will be Regular Meeting –April 6, 2015 Page 4 donated to the City. Mrs. Bloch went through the packets explaining the selected sites; funding; that the Lubeznik Center for the Arts will be managing the project due to the expedited timeline. Discussion ensued between the Board, Corporate Counsel Amber Lapaich, Mrs. Bloch and Shem Khalil of Global Engineering regarding barriers for the art pieces to prevent pedestrians from being injured; the Lubeznik Center managing the project; the Michigan City Public Art Commissions involvement in the project being voluntary; the donation to the City of the finished pieces; the project being funded by the Redevelopment Commission and Wintrust, along with possibly some other fund raising efforts; liability insurance; placement of the pieces after they are completed; the Chicago Artist utilizing space at the AK Smith Center; the Lubeznik Center having a summer camp at the AK Smith Center for middle schoolers; the bases to be used for the placement of the art; securing the art; placement of the art sculptures within the Farmer’s Market area; displaying the implements at the Farmer’s Market and a banner explaining the project to the public; contracts with the Artists for the work/sculptures; the insurance issue with having the implements for the project being left in the Farmer’s Market lot; approval of the banner and pieces at the site until the third Friday in April; a kickoff of the project; approval of the installation sites. Mayor Meer made the motion to approve the request for the signage/banner in the area of the Farmer’s Market that will promote this project; and that liability insurance coverage is secured. Corporate Counsel Amber Lapaich addressed the Board stating when the Board ultimately accepts the pieces/donation at that point in time the City will contact General Insurance Services for coverage under the City’s policy. Further discussion ensued between the Board, Counsel Lapaich, Mrs. Bloch and Mr. Khalil regarding insurance for the project prior to the acceptance of the pieces. Mr. Khalil stated that the Mainstreet Association has insurance that is provided to the City Clerk’s Office each year for the Farmer’s Market. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. CORRESPONDENCE – Correspondence received in the City Clerk’s Office on March 25, 2015 from Randy Novak, Chairman IAFF Local 475 requesting the Michigan City Firefighter’s Association is formally requesting the City begin negotiations for the 2016 contract The following correspondence was received in the City Clerk’s Office on March 25, 2015 from Randy Novak, Chairman, IAFF Local 475 Negotiations Committee: Dear Mayor Meer and members of the Michigan City, Common Council, Board of Public Works and Safety and City Attorney Amber Lapaich: This letter is to inform you that the Michigan City Firefighters’ Association Local 475 is formally requesting that the city begin negotiations with our organization for the 2016 contract. As per the agreement between the Civil City of Michigan City and IAFF Local #475 for 2015, we are requesting that our first meeting be held prior to April 15, 2015. We are looking forward to an amiable and successful negotiation process. Please contact Randy Novak, Chairman (randallnovak@comcast.net) at (219) 877-7069 or Mike Neulieb Regular Meeting –April 6, 2015 Page 5 Local #475 President at (219) 898-1939 to arrange any particulars for our first negotiation session. Discussion ensued between the Board and Corporate Counsel Amber Lapaich regarding this being for informational purposes only; the Personnel Director being aware of this as well as the Mayor’s Office. Mayor Meer addressed the Board stating County Councilman Randy Novak was in attendance today, and was the only County Councilman to support painting the Franklin Street Bridge; further addressing the condition of the bridge and that the bridge belongs to LaPorte County, not Michigan City. APPROVAL OF ART SCULPTURE LOCATIONS – Michigan City Public Art Committee – requests the Board of Public Works and Safety to renew the approval of the six (6) art sculptures to remain in their same locations through June 2017 The following correspondence was received in the City Clerk’s Office on March 30, 2015 from Janet Bloch, Michigan City Public Art Committee Chair: Dear Board Members, The Michigan City Public Art Committee voted to renew Memorandums of Understanding with six artists for the term of June 2015 through June 2017 at their meeting on March 17, 2015. The six sculptures are located in the following locations: Name Artist Location Chorus Jan Dean nw corner 8th & Franklin Whispering Stones Kees Ouwens Washington Park entrance Thin Series: Off the Diet Ken Thompson Westcott Park Flip Flop Michael Grucza sw corner 5th & Franklin Two to Tango Richard Kiebdaj nw corner 9th & Franklin Mount Terrence Karpowicz nw corner 6th & Franklin If the Michigan City Board of Public Works and Safety approves of the renewals, the pieces will remain in their current locations until June 2017. Thank you for your consideration. Janet Bloch, Michigan City Public Art Committee Chair and Shannon Eason member Michigan City Public Art Committee addressed the Board, presenting a handout of information on the proposed renewal of the six (6) sculptures located throughout the downtown area; explaining the request; asking the Board for their approval to renew the leases for two (2) more years, and that the sculptures would stay in the locations they are currently in. Mrs. Bloch stated the other sculptures are on another two (2) year lease, which is a different cycle. Mrs. Bloch further explained the reason for this is budgetary and will allow the Art Commission to better utilize their funding for future spending; the Public Art Committee pays the artist’s leases; insurance for the pieces is covered under the City’s insurance. Mayor Meer made the motion to approve the extension of the contracts for the six (6) sculptures at their present locations. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. POLICE RESERVE OFFICERS – General Insurance Service – Accident & Sickness Policy for Police Reserve Officers 2015-2016 The following correspondence was received in the City Clerk’s Office on April 1, 2015 from Charlie Keene, Vice President General Insurance Services: Regular Meeting –April 6, 2015 Page 6 Dear Board Members, Enclosed is a copy of the Accident & Sickness renewal declarations page for the City of Michigan City Police Reserve Officers. We are here today to seek formal approval of the Accident & Sickness renewal as presented. If approved, we ask that Mr. Stephen Janus, President of the Board of Public Works and Safety, sign the agreement for the Accident & Sickness renewal. Thank you for allowing General Insurance Services, Inc. to serve as your insurance broker and consultant. Charlie Keene, Vice President General Insurance Services addressed the Board regarding the request for formal approval of the Accident and Sickness policy for the Michigan City Police Reserve Officers; explaining the policy is to provide lost wages coverage to the Police Reserve Officers in the event of an injury while on duty; further explaining the Reserve Officers are covered under the City’s workers compensation policy, but since they are not paid by the City, the workers compensation will provide medical benefits only and the Accident & Sickness policy closes this gap, with the policy term of one (1) year beginning April 18, 2015. Mr. Keene referred to the material presented to the Board – the policy declaration – which outlines the policy and premiums, with the annual premium being $500.00, and the proposed coverage is the same or better of that which is expiring and the premium is the same. Discussion ensued between the Board and Mr. Keene regarding the number of reserve officers; there are currently two (2) reserve officers; cost for the coverage. Vice-President Palmer made the motion to approve the police renewal for the Accident & Sickness for the Police Reserve Officers. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. PHYSICAL FITNESS TESTING – The Michigan City Fire Department will be conducting its semi-annual physical testing, beginning April 7, 2015 The following correspondence was received in the City Clerk’s Office on March 18, 2015 from Fire Chief Ronnie Martin: Physical fitness program will be conducted on Tuesday, Wednesday, and Thursday of the following weeks: April 7th, 8th, and 9th April 14th, 15th, and 16th April 21st, 22nd, and 23rd April 28th, 29th, and 30th Station assignments as follows: Station 1 1:00pm-2:00pm Station 2 2:00pm-3:00pm Station 3 3:00pm-4:00pm Station 4 4:00pm-5:00pm The Training Officer will oversee the physical fitness program. Note: For Information purposes only. Regular Meeting –April 6, 2015 Page 7 PHYSICAL FITNESS TESTING – The Michigan City Police Department will be conducting its semi-annual physical testing, beginning April 7, 2015 The following correspondence was received in the City Clerk’s Office on March 17, 2015 from Sgt. Chris Yagelski: We again are having the Police Spring Physical Fitness Test for all police personnel at Striebel Pond Park. As in the past we are utilizing a Tonn and Blank Trailer located in the South Parking Lot. This testing will take place on Tuesdays and Wednesday’s beginning on April 7 th thru April 22nd at 10:00 a.m. and 2:30 p.m., and will be conducted by Corporal Steve Alt. Note: For Informational purposes only. SERVICE AGREEMENT – Michigan City Fire Department 2015 Public Safety Medical Exam Service Agreement Fire Chief Ronnie Martin, Michigan City Fire Department addressed the Board regarding the 2015 Public Safety Medical Exam Service Agreement; explaining this is the annual wellness that is conducted by Public Safety Medical; stating he is also speaking on behalf of the Michigan City Police Department; further explaining this is the same agreement for the Police Department as it is for the Fire Department. Chief Martin stated he has been in contact with the representative from Public Safety Medical and Shelley Dunleavy, Personnel Director, and they have set the date and times for the blood draw and physical which will be held at the Michigan City Police/Fire Administration Building; stating this is a renewal of the previous agreement. Mayor Meer made the motion to approve the 2015 Public Safety Medical Exam Service Agreement for both the Fire and Police Departments. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. SERVICE AGREEMENT – Michigan City Police Department 2015 Public Safety Medical Exam Service Agreement See above. RETIREMENT – The Michigan City Police Department announces the retirement of David Legros, effective March 23, 2015 with 25 years of service The following correspondence was received in the City Clerk’s Office on March 23, 2015 from David L. Legros: Dear Sir: I, David Legros, herewith tender my retirement from the Michigan City Police Department, after having served over 25 years with this department. It is requested that my retirement be effective after 2:00pm on the 23rd day of March 2015. I further petition the Trustees of the Police Pension Board that I be placed on a 25 year Pension. Note: For Informational purposes only. Regular Meeting –April 6, 2015 Page 8 DISPOSITION OF GRIEVANCE – AFSCME Local 228 Corporate Counsel Amber Lapaich addressed the Board stating at the last meeting there was a vote taken on Mr. Charles Anderson’s Disposition of Grievance wherein it was determined that his grievance be modified and that he should receive two (2) days of pay and a written. Counsel Lapaich advised going back through the notes in his file Mr. Anderson actually received three (3) days suspended, so she assumed that was just an oversight here when the motion was made and technically it should have been three (3) days; asking the Board to clarify this for the record. Vice-President Palmer stated Corporate Counsel Lapaich is correct; that when he did read that motion he had the 9th and 10th and the 15th written down, which was the wrong date as it should have been the 11th also. Vice-President Palmer made the motion to modify the Disposition of Grievance for Mr. Charles Anderson to include the third day; that he be reimbursed for his third day of suspension. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). ABSTAIN: Meer (1). NAYS: None (0). Motion carries. CLAIMS AND PAYROLL Vice-President 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 Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (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 7 03/20/2015 $383,194.33 1 of 3 04/01/2015 $240,370.21 1 of 8 04/02/2015 $388,495.69 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 5 04/02/2015 $988,753.23 1 of 1 04/08/2015 $38,619.59 Regular Meeting –April 6, 2015 Page 9 UNFINISHED BUSINESS – Pending Items Pending Item – Request to Utilize Alleyway between Warren Building and 711 Franklin Street-Maple City Ventures Corporate Counsel Amber Lapaich addressed the Board regarding the request by Maple City Ventures to utilize the alleyway between the Warren Building and 711 Franklin Street; advising she has received no further communications from Attorney Biege; asking that the item be removed from the Pending Item list. Vice-President Palmer made the motion to remove the request from the Pending Item list. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. Pending Item - 111 Franklin Street Craig Phillips, Planning Director and Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 111 Franklin Street stating they have rescinded the Order to Demolish and have already filed it; stating they are working on the Modified Order as was discussed at the last meeting. Mr. Phillips stated the owner, Tom Adams, is currently out of the country and continues to correspond with him to get an “agreed” upon Modified Order put in place; requesting this item be brought back to the Board in May. Discussion ensued between the Board and Mr. Phillips regarding the timeline for the project; request for a Riverfront liquor license for the project; communications with the owner; recording of the Rescinding of the Order to Demolish; financing for the project in mid-April; the liquor license being approved prior to opening the business. President Janus stated this item will be held over until the May, 2015 meeting. Pending Item – Zoological Society requests 2 city owned lots for planting apple trees Craig Phillips, City Planner addressed the Board regarding the request from the Zoological Society for two (2) city owned lots for planting apple trees, stating they have identified a couple potential lots and they are in the process of reviewing them further; and has had recent communication with Mr. Stimley notifying him of the sites, so they can review them. Mr. Phillips stated he hopes to be able to move forward soon; and the lots being considered are near the Blue Chip Casino off of Peru/Union Street. Corporate Counsel Amber Lapaich addressed the Board and Mr. Phillips asking that she be notified immediately once the sites are approved as she will need to draft the appropriate agreement between the two entities. Mr. Phillips informed the Board that his department has looked into the status of any sort of documentation that may have been received from the County on the properties, and it doesn’t appear that we have found anything, so we should be able to move forward on this soon. Regular Meeting –April 6, 2015 Page 10 Pending Item – Two-way Street Conversion Craig Phillips, City Planner addressed the Board regarding the Two-way Street Conversion project stating at this point they are finalizing the scope of services in the contract with the consultants for that project, and have had a meeting to go over the scoping and ultimately the contract for project. Mr. Phillips advised that Mr. Janus was in attendance at that meeting on behalf of the Board of Public Works and Safety, and is aware of the conversation that took place there; and it is their intention to hopefully bring that to the Redevelopment Commission for consideration and approval at the April meeting, if they can then the first step after that would be probably some information gathering and then also public input process that they would intend to gather input from property owners and stakeholders involved in that project. Mr. Phillips explained that by the next meeting or the meeting after that they will have a contract for that. Pending Item – 1720 Franklin Street, Panini Panini requests bike racks and garbage cans Craig Phillips, City Planner addressed the Board regarding the request from Ake Schnappinger, 1720 Franklin Street, Panini Panini, requesting bike racks and garbage cans for the mid-town area; stating the mid-town plan is up for second reading at the Council meeting tomorrow night, and is likely that they will be moving forward with this sometime in May. Pending Item – Wells Chair building Craig Phillips, City Planner addressed the Board regarding the Wells Chair building; stating this has been identified as a priority as part of the decisions for the South-gateway project and is one of the targets of that effort to make sure we see the redevelopment of that property in some form; taking a heavy look at that strip along the north side of US Hwy 20 between Franklin Street and Cleveland Avenue. Pending Item - City Street Signs Craig Phillips, City Planner addressed the Board regarding the City Street signs stating he doesn’t know if the City Engineer has anything new to report on that. Pending Item – Constance Everly requests signage to identify US Hwy 12 & Michigan Boulevard Craig Phillips, City Planner addressed the Board regarding the request from Constance Everly who had requested signage to identify US Hwy 12 & Michigan Boulevard; stating aside from the City Engineer and his conversation with INDOT they intend to again take a look at whatever changes are necessary to signage as part of the two-way street conversion project. Vice-President Palmer addressed the Board and Mr. Phillips stating he has had a conversation with Mrs. Everly who informed him that she went to INDOT herself and got the signs and they are up already; further stating she did this in one meeting and it has been before the Board for one (1) year. Regular Meeting –April 6, 2015 Page 11 President Janus stated the item will be removed from the Pending Item list. Discussion ensued between the Board and Mr. Phillips regarding the North Lake Avenue project. Mr. Phillips stated this project is under the City Engineer. Pending Item – 1110 Washington Street-fire damage Russ Hatfield, Code Enforcement Officer addressed the Board regarding 1110 Washington Street, the fire damaged property, stating the project is back under way; they have most of the siding complete and are waiting on windows; handrails should be on and the exterior should look a little more appropriate within the next week or two. Pending Item – Combs Street and Michigan Boulevard – 1214 E. Michigan Boulevard Mr. Hatfield addressed the Board regarding the property at 1214 E. Michigan Boulevard; providing the Board with reports from the other inspectors. Mr. Hatfield summarized the reports as follows: Tom Przybylinski, Building Commissioner, right now the property is in the process of gutting the interior and Mr. Przybylinski would like to request that once they get more of the plaster down he would like to take another look so he can evaluate the framing structure and get a better idea of what type of shape that is in. President Janus inquired if the Board needed to say that this was a continuation of the Public Hearing. Corporate Counsel Amber Lapaich advised the Board that the Public Hearing was held over until this meeting, so yes technically the Board should. President Janus stated this is a continuation of the Public Hearing held over from the March 16, 2015 meeting. Mr. Hatfield continued as follows: the second inspection report is from the Plumbing Inspector, Bradley Bye, basically what this summarizes is the entire structure will have to have all new plumbing throughout for all the fixtures any toilets, sinks, etc…; the third report is from the Electrical Inspector, Francis Rooney, and this basically summarizes the entire structure will have to be totally rewired with new service and everything to accommodate the future of the building, which it was relayed to him that it will only be a single unit and not a rental as the owners son plans on living there and that will help with the reduction of density and any parking issues in that area with the several rentals that are on that block; the last inspection report is from the HVAC Inspector, Bob Dure, at this time there are two (2) furnaces in there and one of them appears to be usable, but all the duct work and any grills and returns airlines and that sort of thing would all have to be new throughout the entire structure. Mr. Hatfield provided the Board with some of the photos of the property, which shows the roofing material that he does have on site; basement photos shows that the foundation is in good shape; the exterior has some of the face brick that does need to be repaired-tuck pointed, but as far as the main structure/main foundation it appears to be good; some of the other photos show the process of them gutting the interior and cleaning it out so the inspection department can see better what shape the structure is in; and after speaking with the owner at the time of the inspections he would like me to recommend that they can have the entire exterior completed within sixty (60) days, which would be new roof, Regular Meeting –April 6, 2015 Page 12 new windows and new siding, which that would greatly improve the appearance and we give him a little more time to get the inside complete as long as the exterior stays presentable. Discussion ensued between the Board and Mr. Hatfield regarding the time request taking the project to approximately June 15, 2015, and if this Board does allow him to do that and it’s not done regardless of where he is at in that project we would still continue on with the Demolition. Corporate Counsel Lapaich addressed the Board and Mr. Hatfield asking if he was asking this Board to continue this hearing until June 15, 2015. Mr. Hatfield replied that was correct and in thirty (30) days he can update the Board on the status of the project, as he should be well enough along in the project and can make a new recommendation at that time. Corporate Counsel Lapaich addressed the Board and Mr. Hatfield stating essentially where we are at today is either the Board affirms, rescinds or modifies the Demolition Order, or if he is not ready to make that decision at this time then we would continue this hearing because that decision will not be made at this time. Further discussion ensued between the Board and Mr. Hatfield regarding the continuance being for sixty (60) days from this date with Mr. Hatfield updating the Board in thirty (30) days of the status of the project, and the owner understanding that if it’s half way done in sixty (60) days the Board can move upon the Order to Demolish regardless of how much work or money he has into the project. Counsel Lapaich advised if that was the choice of the Board at this time, because they would need to affirm the Planning Departments Order to Demolish now or they could continue the Public Hearing for another sixty (60) days. Discussion continued between the Board with Vice-President Palmer stating he did speak with the owner regarding the project, and there being no extensions given by this Board if he did not make his deadlines. Vice-President Palmer made the motion to allow this Hearing to be continued for sixty (60) days with the progress within thirty (30) days from Mr. Hatfield of what the status is. The motion was seconded by Mayor Meer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. Pending Item – 1120 Elston Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1120 Elston Street, stating notices have been sent out, and is bank owned, and they were signed for and they have not gotten a reply yet. Mr. Hatfield stated they will have to move on from there with either official orders to repair or orders to demolish; they will take a better look at the structure and see what is more appropriate. Pending Item – 1204 W. 7th Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1204 W. 7th Street, stating this will fall under the New Property Maintenance Code that will be going into effect shortly. Regular Meeting –April 6, 2015 Page 13 Discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. Hatfield regarding when this Property Maintenance Code will be done. Counsel Lapaich advised the Board that she has not seen a draft yet. Mr. Hatfield stated that Craig Phillips, City Planner and Tom Przybylinski, Building Commissioner are working on this fine tuning some of the language before submitting it to Corporation Counsel so it will better meet the City’s needs. Further discussion ensued between the Board and Mr. Hatfield regarding the Property Maintenance code not being available to utilize and Mr. Hatfield possible moving on a different type of an “order”. Discussion continued between the Board, Mr. Hatfield and Craig Phillips, City Planner regarding the Property Maintenance Code material and when it will become usable. Pending Item – 1125 W. 8th Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1125 W. 8th Street, stating the Notices were sent and returned with no forwarding address, and is vacant. Mr. Hatfield stated he will be moving on with an Order to Repair. Pending Item – 701 Union Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 701 Union Street, stating he will get this one to the Board as soon as possible on a Demolish Hearing, which should be next month. Pending Item – Old Chrysler building on Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the old Chrysler building at the intersection of 11th Street and Michigan Boulevard stating he is working with Mr. Borolov of his office to re-evaluate the property to see exactly what steps they can take to either get it down or better the appearance. Mr. Hatfield stated they could not find any type of environmental issues, which were an item of the past and have been cleared up. Discussion ensued between the Board and Mr. Hatfield regarding if communication had been established with the owner; rehabilitation of the building; compliance of past requests by the owner; demolition of the structure. Pending Item – Safety fence at St. Anthony’s Hospital Russ Hatfield, Code Enforcement Officer addressed the Board regarding the safety fencing at St. Anthony’s Hospital for the retaining wall; stating he will get out there and take a look. Regular Meeting –April 6, 2015 Page 14 Pending Item – Sinking/receding property at northwest corner of Franklin & 7th Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the sinking/receding property at the northwest corner of Franklin and 7th Streets; stating he spoke with Central Services and they may be able to supply some black dirt as long as the owners do the manual labor to level the property there. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street; stating he will try to get that before the Board in the next couple of months as it has been on hold because it’s structurally sound, it’s not a major safety issue, but it is the unsightliness and no one is stepping forward to do any type of maintenance; the property is unoccupied and owned by a gentleman in New Buffalo, MI. Other Business Mayor Meer addressed Mr. Hatfield regarding a house on Coolspring Avenue just about three houses west of the root beer stand; asking what the status of the property is. Mr. Hatfield addressed the Board stating he is aware of the property which is owned by the Alvarado family, and the father passed away and the property is going through either a probate or estate and also some insurance issues. Discussion ensued between the Board and Mr. Hatfield regarding the property. Mr. Hatfield advised he wants to have this before the Board soon as an Order to Demolish as it has been an issue in the past and is deteriorating. Further discussion ensued between the Board and Mr. Hatfield regarding the properties on the “dirty dozen” list; and the monies from Community Development that will be available later in the year. Other Business Vice-President Palmer addressed City Planner, Craig Phillips regarding the property/parking lot at 7th & Franklin Streets; and the Church getting out of the agreement with the City for use of the parking lot. Craig Phillips, City Planner addressed the Board stating he has forwarded correspondence received to Corporate Counsel Amber Lapaich, saying the Church intends to terminate the lease agreement, but has not heard back from Counsel Lapaich as to what the next step is in that process or if the City wants to open any conversation with them regarding the agreement; further stating he will work with Counsel Lapaich on this matter. Mr. Phillips advised the Board that the Planning Department is conducting a “comprehensive parking study” in the downtown area to take a look at the City’s needs in terms of providing for public parking. Mr. Phillips informed the Board that through the Redevelopment Commission they did recently acquire the lot across the street from the Farmer’s Market lot which will help. Regular Meeting –April 6, 2015 Page 15 Discussion ensued between the Board and Mr. Phillips regarding the possibility of acquiring the sand lot at the corner of 7th and Franklin Street; the challenges with the property owner; the desire of the Board to try to initiate a conversation with the Church about the lot; the concerns of the Church with the events that were happening in the downtown area overflowing onto their lot and making it difficult for them to use their own lot for Church functions; the parking lot being important to the City for the purpose of parking and not using the lot for city functions; concerns with the use of the lot and its conflict with their book of discipline; the Redevelopment Commission trying to have a conversation with them to no avail; Corporation Counsel and the City Planner approaching the Church and trying to re- open the conversation on behalf of the Board to see if the City can at least maintain the lease for the purpose of parking only; the City’s commitment to doing improvements to that lot, which the Redevelopment Commission was in the process of putting together a project for that and it was at that time that apparently negotiations started falling apart because of the concern about the use of the lot; use of the property directly in front of the lot; events this past winter and events last summer; losing this parking as well as the lot on the corner of 7th and Franklin Streets and also the adjacent lot east of the alley. Further discussion ensued between the Board and Mr. Phillips concerning the parking in the downtown area; new restaurants opening along Franklin Street in the downtown area that will need parking; additional development in the north end of the downtown area and the additional need for parking; Corporate Counsel Lapaich, City Planner Craig Phillips and Mayor Meer getting involved with discussion with the Church; concerns of the Church with their own events and having adequate parking for them. Pending Item – Installation of “pedestrian crossing” sign on Barker Avenue near Queen of All Saints Church Bob Zondor, Superintendent Central Services addressed the Board stating they are waiting on the “locates” and should be done sometime this week; and the “cross traffic signs” at Barker Avenue are already up. Pending Item – Remove temporary stop signs & install “cross traffic does not stop” signs on Lakeshore Drive Bob Zondor, Superintendent Central Services addressed the Board stating they are waiting on the “locates”. Pending Item – Honorary Street Sign-Becky Williams Blvd. on McClelland Avenue Bob Zondor, Superintendent Central Services addressed the Board stating they are up already. President Janus stated the item could be removed from the Pending Item list. Regular Meeting –April 6, 2015 Page 16 Pending Item – Paint curbing-Michigan Boulevard and 7th Street Bob Zondor, Superintendent Central Services addressed the Board stating they are waiting on the weather to get nicer; they usually need the temperatures to be around 60 degrees to get the paint down; weather permitting either this week or next week. Other Business Mayor Meer addressed Bob Zondor, Superintendent Central Services asking if there are still two (2) crews out daily on pot hole patching; a geographical pattern for the work as there are still a lot of side streets that need attention. Mr. Zondor addressed the Board stating there is one (1) patch crew out today due to there being five (5) call-offs today; and that usually there is one or two patch crews out daily. Discussion ensued between the Board and Mr. Zondor regarding the areas that cannot be patched that will need to be milled down and filled with possibly the street paving project. Pending Item – 210 N. Lake Avenue-Extension of Lake Avenue north of Colfax Avenue Charles “Spike” Peller, City Engineer addressed the Board regarding the request for the extension of N. Lake Avenue from Bruce and Sue Randall, 210 N. Lake Avenue; stating they are still working with the Fire Department and Park Department to see what can be done. Mr. Peller advised with the purchase of the new fire truck they have been able to solve the problem of fire protection for that area. Other Business Vice-President Palmer addressed City Engineer, Charles “Spike” Peller regarding a list of streets that need to be paved. Mr. Peller advised the Board that there is already a list that has gone out to the contractor. Mayor Meer asked that Mr. Peller forward the list to the Board members; advising if there are areas of concerns they should let Mr. Peller know so they can be addressed. President Janus addressed the Board and Mr. Peller regarding an agreement to draw up the street and paving requests that the City will have for the next five (5) years; an inventory of what the needs are. Mr. Peller advised the list was already done, and based on that inventory the streets that the City is doing this summer they do an analysis of all the streets and it’s a rating, and they will start with the worst streets. Discussion ensued between the Board and Mr. Peller regarding the prioritized list of street paving; time frame that encompasses the list; the information that Mr. Peller will be forwarding to the Board regarding the list of streets and the rating system used; coordination with other City departments to avoid tearing up newly paved streets (i.e. Water Department, Regular Meeting –April 6, 2015 Page 17 Sanitary District and NIPSCo); Global Engineering composing the analysis; funding for the street projects, and approval from the Common Council for the Village Green street improvement project. Other Business Vice-President Palmer addressed City Engineer, Charles “Spike” Peller regarding the bridge over I-94 project and the traffic congestion along the South end of Franklin Street/US Hwy 421; expressing his concerns with traffic for the summer and the business along that stretch of road. Mr. Peller advised the Board that the Mayor sent a letter to INDOT requesting that they look at what’s being done with the traffic patterns around the construction area; further stating an additional lane will be opened up in the near future. Further discussion ensued between the Board, Mr. Peller and City Engineer, Craig Phillips regarding the traffic congestion on the north side of Keiffer Road, which affects vehicular traffic trying to get onto Franklin Street from the different stores/restaurants; letters that were sent out to INDOT, State and County Officials regarding the situation; this being a State project; traffic flow in the project area; the bridge replacement project being a State project; signage on the interstate directing vehicular traffic around the project area; the City Engineer attending the bi-weekly project meetings, who will then report back to the Board; including the MCPD Traffic Division Officer in the bi-weekly project meetings. Pending Item – City Street Signs Charles “Spike” Peller, City Engineer addressed the Board regarding the City Street Signs; stating this was a project to update the city street signs from green to blue; advising the Uniform Code has changed the type of lettering on the street signs and any new street signs that are put up have to conform to that. Discussion ensued between the Board and Mr. Peller regarding the changing of the color of the signs. Mr. Peller advised this item could be removed from the list. Mayor Meer stated for the record the City will continue with the green street signs, updating the lettering per the standards when a sign needs to be replaced; and the item could be removed from the pending item list. Other Business Mayor Meer inquired about the Hilltop/Lake Avenue Stairway Replacement project. Charles “Spike” Peller, City Engineer addressed the Board regarding the stairway replacement project at Hilltop and Lake Avenue; stating the project is almost complete, they are waiting for the handrail to come in. Regular Meeting –April 6, 2015 Page 18 PUBLIC COMMENTS President Janus asked if there was anyone from the public who wished to address the Board. There was no response. BOARD COMMENTS President Janus asked if there were any Board comments. Vice-President Palmer addressed the Board wishing Mr. Janus a “Happy Belated Birthday”. Vice-President Palmer addressed the Board and Craig Phillips, City Planner regarding the Mainstreet Association providing the City a copy of their financial statement each year for the Farmer’s Market as part of the lease agreement, as well as liability insurance which is due in May. Vice-President Palmer stated the lease agreement does not have a termination date, but does state that financial reports and insurance are due each year to the Board, and they have yet to receive them. President Janus addressed the Board stating he has been advised by a member of Tonn and Blank that every floor in the Warren Building has now got lights on for the first time in years. Discussion ensued between the Board and Craig Phillips, City Planner regarding the signage for the pedestrian crossing in the construction area. Mr. Phillips advised the Board that he contacted Mr. Albers who assured him that he was working with Mr. Peller, City Engineer on a solution that would be ADA compliant and that would address this issue. Further discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. Phillips, City Planner regarding a solution for this matter. Charles “Spike” Peller, City Engineer addressed the Board stating he would follow up on the matter and update the Board at the next meeting. Mayor Meer addressed Assistant City Planner, Skyler York, regarding the Mainstreet Association and a few matters that were brought to his attention and forwarded on to Corporate Counsel Amber Lapaich regarding the meetings and discussions with the different marketers that utilize the Farmer’s Market and the changes in the rules this year; asking who governs this and what is the agreement between the City; going from a couple pages of rules to now ten (10) pages of rules and charges being changed. Skyler York, Assistant City Planner addressed the Board stating he may not be the person to answer those questions; stating he has not been involved and that a new market director has been hired, and they have increased the salary for that position to get a better qualified market director who would work harder with the Farmer’s Market; advising this is a great draw for the downtown and they want to keep it and make it better, making sure it is sustainable. Discussion ensued between the Board and Mr. York regarding the parking lot that is being utilized for the market itself belonging to the City and the lease agreement being between the Regular Meeting –April 6, 2015 Page 19 City and the Farmer’s Market. Mr. York stated he will update the Board on the Farmer’s Market at the next meeting. Further discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. York regarding the lease agreement; new farmers; the type of products available from the market; the Main Street Association’s involvement; updating the Board; any conflicts with the existing agreement. President Janus asked if there were any other Board comments. There was no response. ADJOURNMENT President Janus inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:20 a.m.). Mayor Meer made the motion to adjourn. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Meer (3). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk