Board of Public Works & Safety

REGULAR MEETING – July 6, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, July 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 Virginia Keating (3). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Jim Micheals, Assistant Superintendent of Collections, M.C. Sanitary District Arber Himaj, Engineer, M.C. Sanitary District Bob Zondor, Superintendent Central Maintenance Judy Pinkston, Director Community Development Charles “Spike” Peller, City Engineer Capt. Steve Jesse, M.C. Police Department Robin Tillman, Director M.C. Transit Department Craig Phillips, City Planner Kalon Kubik, Mayor’s Administrator Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of June 15, 2015, and the Special meeting minutes of June 29, 2015 meetings. Vice-President Palmer made the motion to approve the minutes as presented. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. AWARDING OF THE BID – Nine (9) MCPD Police Utility Vehicles Vice-President Palmer stated that it is the recommendation by Assistant Police Chief Tim Richardson that the lowest bidder, Lakeshore Ford in the amount of $225,063.00 be awarded the bid. Vice-President Palmer made a motion that the bid be awarded to Lakeshore Ford for $225,063.00 and the bidders have met the bid specifications and compliance specifications as well. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF THE BID – 1016 E. Michigan Blvd. Regular Meeting –July 6, 2015 Page 2 Russ Hatfield, Code Enforcement Officer for the City of Michigan City, recommends the bid for 1016 E. Michigan Blvd. be awarded to Chem Check Inc. in the amount of $10,500.00. Corporate Counsel Amber Lapaich asked if that was the lowest most responsive bidder and Mr. Hatfield answered correct. Vice-President Palmer stated to Mr. Hatfield that he didn’t think he received anything from the EEO Office regarding compliance with local hiring, but Mr. Hatfield stated he received it. Vice-President Palmer made a motion to accept the lowest bid of $10,500.00 to Chem Check Inc. for demolition of property 1016 E. Michigan Blvd. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF THE BID – 1024 E. Michigan Blvd. Russ Hatfield, Code Enforcement Officer for the City of Michigan City, recommends the bid for 1024 E. Michigan Blvd. be awarded to Chem Check Inc. in the amount of $24,500.00, the lowest most responsive bidder. Virginia Keating made a motion to award the bid to Chem Check Inc. for the demolition of 1024 E. Michigan Blvd. in the sum of $24,500.00. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF THE BID – 312 Willard Ave. Russ Hatfield, Code Enforcement Officer for the City of Michigan City, recommends the bid for 312 Willard Ave. be awarded to Chem Check Inc. in the amount of $27,000.00, the lowest most responsive bidder. Virginia Keating made a motion to accept the lowest bid of $27,000.00 to Chem Check, Inc. for demolition of property 312 Willard Ave. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. President Janus stated on the Michigan Blvd. properties, Redevelopment will be funding this and Redevelopment would also like to know if they can get titles. Corporate Counsel Amber Lapaich asked if they wanted the title to each one of the properties that they are paying for on the boulevard? President Janus said that is what they are interested in, but it is not something that needs to be decided today, he just thought he would bring it up. Ms. Lapaich thanked him for letting her know and she will talk to the Redevelopment’s attorney on this issue because of course the city she does not believe has the title to any of these. Russ Hatfield, stated that yes the City does. Mr. Hatfield stated 1016 was donated to the City of Michigan City, so we own it. President Janus stated he meant that Redevelopment wants the lien in their name. Ms. Lapaich stated she understood now, the lien and title are two separate things and it makes sense now. REQUEST FOR SURPLUS MATERIAL Kristen Patterson, Director, Grace Learning Center is a Non-Profit organization. They work with Citizens Concern for the Homeless and they run a homeless shelter, learning center and a resource center. Currently they are in a food desert on the West side. Everyone is going to the corner stores for food. With some grant money, they have started a garden project Regular Meeting –July 6, 2015 Page 3 but are hoping to use some boards that were transferred to the city in order to build this. There will be three (3) 8x3 garden boxes and one (1) 15x3 garden box. Vice-President Palmer asked if this was deemed a surplus if the value is under $5,000, and can then make this a public donation or do we have to do a public bidding? Corporate Counsel Amber Lapaich stated because this is 501 C 3 those rules do not apply, but the board could deem this surplus and donate to the 501 C 3. Vice-President Palmer asked the Sanitary District if they were ok with donating these boards and they responded yes they were. Vice-President Palmer made a motion to allow the Ninety (90) boards to be donated to the Citizens Concerned for Homeless and identify them as surplus and they are granted use of those boards. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – 10th and Maple, 11th and Maple A representative from Pleasant Hill Missionary Baptist Church stated on July 26, 2015 will be their 27th Annual Down Home Day. It is for the community, they will close the streets and have food, have a Sunday Service, games and activities for the kids. It is like a Down Home picnic. They are asking for the streets to be closed so the kids will not run out in the streets and get hit by a car, safety reasons. President Janus asked if they have done this in the past? It was stated yes for 27 years. Traffic was then asked if they had any recommendations. Capt. Steve Jesse stated he took a look and it is a one block area, it has been well run, they see no issues. Vice-President Palmer stated it has be done in the past and has been well run, there has been no issues so a motion was made to allow them to block the street on Sunday, July 26, 2015 from 12:00 pm – 5:00 pm. They are also asking for seven (7) barricades for the street to be closed during that time, Mr. Zondor if you could provide that to them. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE -10th and Maple A representative from Pleasant Hill Missionary Baptist Church stated on Sunday, August 9, 2015 this will also be a service picnic. This is the 2nd Annual Back to School Rally for the kids. They will also supply school supplies and backpacks. So there is something for the community in that area to come out and the ones that do not have their school supplies, they will be passing those out. There will also be games. President Janus asked Traffic if there were any issues. Capt. Steve Jesse responded no issues. Vice-President Palmer stated that it was a well ran event last year from what he was told and he made a motion to approve the event to be held Sunday, August 9, 2015 from 9:00 am – 4:00 pm. They are requesting seven (7) barricades for this event. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS (0). Motion Carries. REQUEST FOR STREET CLOSURE – Wabash Street Jim Michaels, Asst. Supt. of Collect., M.C. Sanitary District stated they are requesting to close Wabash St. between Earl Rd. and Hopkins. They have to repair a storm sewer man hole. This will take time because they are using cement, so they are thinking eight (8) hours at the most. They want to start on the project tomorrow if possible, Tuesday. Vice- Regular Meeting –July 6, 2015 Page 4 President Palmer suggested they closed Wabash St. at Coolspring Ave rather than have traffic going down Hopkins. So the people know they cannot come down that street, that is his preference, keep the neighborhood clear of heavy traffic. Mr. Michaels added that there will be flag men out there anyways in case any traffic needs to get by, they will try to make it as safe and quick as possible. Vice-President Palmer stated yes so local people could still get through technically up to that point where they are working. Virginia Keating made a motion to grant the request to close Wabash Street between Earl Road and Coolspring Ave beginning tomorrow July 7, 2015 for the purpose of repairing the storm sewer and the work to be completed perhaps in one day. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST FOR STREET CLOSURE – Michigan City Main Street Association, Inc. Diane Wilczewski, 601 Franklin St, Director of Michigan City Main Street. This is an annual event. She believed the board had an event map and it should be exactly as it was last year. They are just requesting street closures from Friday about 10:00 am as they set up till Saturday at midnight, as soon as they can get it all moved and out of the way. President Janus asked if it would be closed all day Friday and Saturday? Ms. Wilczewski responded yes. Vice-President Palmer asked Ms. Wilczewski if proof of Liability Insurance was provided to the Clerk’s office? Ms. Wilczewski stated they always get this, they just don’t have it yet. They always get an additional policy for this event, because they are expecting, every year it is growing significantly. They are expecting over 10,000 people and they serve beer and wine. Vice-President Palmer asked Corporate Counsel Amber Lapaich being that they are serving alcohol on a public street, is there additional insurance required or just liability? Ms. Lapaich stated just liability with the City being named as the additional insurer. Virginia Keating made a motion to grant the request for the street closure on July 31 thru August 1, 2015 the area being Franklin St. from North 8th St. to South of 6th St. including closure of 7th St. from Pine to Washington St. for the Annual Taste of Michigan City and Super Boat Race. Providing the City receives the Certificate of Liability Insurance within three (3) days. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST FOR SPEED BUMP Martha Maust, 418 E. 8th St. stated she was pretty sure no one was going to go for a speed bump but she was trying to figure out how to slow traffic down on 8th Street. People are driving along that street like it is a highway, it is very fast. Just recently, about three (3) weeks ago a gentleman fell asleep driving on 8th St. and totaled two (2) other vehicles and ran up onto the sidewalk. The same thing happened, not a guy falling asleep but they ended up on the steps of her property a few years ago. So there has been a couple of accidents with the cars ending up on the sidewalks, it is somewhat a dangerous thing. So Ms. Maust is trying to figure out a way to slow the traffic on 8th St. down, so if someone has an idea how this can be done it would be very helpful. There are a lot of people out walking on the sidewalk and children playing and this could easily happen during the day instead of always at night. President Janus asked Traffic for any comments. Capt. Steve Jesse commented that he has spoken with Ms. Maust about this. He has looked at the accidents, there really are not any other in that area that come close to where she is at as far as the issue with speed. There have been several up by Cedar St. and Lafayette, that intersection. The other one she referred to was Capt. Jesse believed was several years ago. He does understand Regular Meeting –July 6, 2015 Page 5 the concern, he is sure that they have seen it all as have the Police Dept., he does get a lot of request asking for extra patrols in certain areas. Capt. Jesse can put that out to the officers, to ask them to step up their patrol in that area, maybe run some more radar. It is not a guarantee, it is not 100% but other than that, Capt. Jesse is not sure what more they can do to prevent speeders in the area forever. Vice-President Palmer asked if the Police Dept. still had the radar trailer and Capt. Jesse stated they do. It was then asked if they could put that out there maybe at some point to try and slow them down a little bit if they know they are being watched? Capt. Jesse said they could take a look, he is not 100% sure off the top of his head, there is like a dog leg there, how it would set, if it would be more of a problem or not. Janet Torya Smith, former owner of the Bed and Breakfast at 402 E. 8Th St., right on the northeast corner of 8th and Cedar. She lived there for 17th years, this year she moved next door to 408 E. 8th St. In 1998 she bought the property, in 1999 she made the same request. Her request was for a stop sign at 8th and Cedar. The reason being the reckless driving that was going on and at that time the street was a little narrower, they had not done their total renovation of Elston Grove. She explained at that time that this was serious, there were children crossing. What happened was they did go ahead and put the speed bump, but they only put it on one side of the road, traveling to the east. It was only out there for one day. The conclusion of the official in charge at that time indicated that there was not enough traffic to warrant even having anything there to protect the public. Ms. Smith has only lived there 17 years and now she is starting next door on the 18th year and the traffic has increased due to the widening of 8th Street. And now there is parking on both sides of 8th Street, which has been wonderful, however, her main protest is the speed in which they are traveling. Not only that, the fact that they now have 18 wheelers coming down 8th Street at a good rate of speed and going across the bricks at 8th and Cedar now as well as Spring St. and not detouring their speed in any way. It is becoming very common that they enter from Michigan Blvd. or from the downtown section and they go back and forth both ways, east and west. 18 wheeler as well as cars going along at a very fast pace. Ms. Smith had thought it would be a good idea if she took a camera and sat there for a whole day with clicking on everyone that was going so fast and giving you a time count on it because it is not just day time. It is also evening time when it happens and night time. So her too along with Martha and some of the other residents on that street are requesting for some sort of speed compliance or compliance as to the type of vehicle that may enter that particular street. It no longer is really an Elston Grove neighborhood street, it is a highway. They had a historic monument in the front yard of 402 E. 8th Street, it was donated back to the Lighthouse Museum. The morning that the gentlemen were there waiting for the construction company to lift it, they indicated “my goodness this has to be the busiest intersection in all of Michigan City”. Ms. Smith told them that she agreed with them, if anyone would sit and monitor they would see this. She added that they do have children that wait for buses, they have waited on her porch during the winter time. It is a very lethal area. She would say Cedar and 8th is very lethal and they tend to pick up speed as they leave Franklin St. or from Michigan Blvd. That area between Pine St. or Franklin St. and Michigan Blvd. is very busy and very traveled with a lot of speed. So if in fact they Police Dept. is to do another sort of detection on how fast they are going or which way, Ms. Smith would suggest it be done completely across the street and that it be left for several days only because the last one did not show to be enough traffic. And now there is even more traffic then what there was before. In any way that the board can help the residents of Elston Grove, it has changed the quality of life, they no longer have this wonderful peacefulness, they can’t even sit on their front porches and converse with each other because we can’t stand the noise. They are asking the board for their consideration in this matter or referring them to another area that they need to go to for help. Ms. Smith thanked the boarded. President Janus asked Engineering and Traffic again for their input. Capt. Steve Jesse stated again going back to the accidents reports that he has Regular Meeting –July 6, 2015 Page 6 seen, he believed there was in the last five (5) years maybe 4-5 that he found. He is sure her assessment of the speed is correct and the people that are down there, you also have the old Central School and the Boys and Girls Club, but he really did not see any accidents to warrant as far as from where he is coming from anything else. Again, speak with the Engineer, he would assume when they redid all this they may have done some studies as far as if a stop sign would have been warranted at that time. Spike Peller, City Engineer, he will look at and see if there is any traffic calming devises or something they can use. Mr. Peller does not know if there are sign that say “No Truck Traffic” or something like that. That might be a possibility, he will report back. Vice-President Palmer asked with it being a neighborhood would it be feasible to put “No Truck Traffic”? That is a way to the Lighthouse Mall, they are trying to switch 6th Street to be the main way. Right now people are used to going down 8th Street. Vice-President Palmer asked Mr. Peller to look at and see if changing the traffic pattern would help or placing a stop sign at the intersection in question could slow traffic down, if that would help. Mr. Peller said with stop signs, what usually happens is people slow down for the stop sign and then speeding up between stop signs. Normally people travel at a speed that they feel comfortable traveling at, no matter what the speed limits, stop signs, speed bumps or all that kind of stuff. It really does not affect the way people in general travel. Vice-President Palmer asked Traffic to put up the speed sign somewhere along the road to monitor to see how fast they are going. REQUEST FOR OUTDOOR DINING – CRAVE LLC Craig Phillips, Planning Director, he has not had a chance to take a look at this. He does have part of the information he needs with regard to recommending an approval. He still needs a little bit of detail as far as how it looks but as far as the placement of the purposed barrier and the location of the outdoor dining itself, it appears to be in compliance with the policy. So I would request the board give Mr. Phillips the authority to just review the details with regard to design to make sure it complies with the policy and issue and approval pending that. Vice-President Palmer added that the city would also need Liability Insurance for this. Corporate Counsel Amber Lapaich stated we have not received the Liability Insurance and we also need to have the Agreements signed. Vice-President Palmer made a motion to allow Mr. Phillips to finalize the outdoor seating for Crave LLC contingent on the fact we get the Liability Insurance and the Agreements signed before they can operate. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST TO UTILIZE SIDEWALK – ARTSPACE UPTOWN ARTIST LOFTS President Janus stated that the board had previously allowed it for last weekend. Craig Phillips stated there were no issues with this. If the Police Department got any complaints, they did not pass it on, the Planning Department did not get any. As long as they keep 4 ft. clearance they should be able to do something temporary there. President Janus asked if there was insurance and Ms. Lapaich stated yes, we had it for the other events. Vice- President Palmer asked what was the addition they added to our paperwork where it said “additional insured”, Vice-President Palmer asked Ms. Lapaich if she saw that attachment. He was not quite sure it says an endorsement change in the policy. Mr. Phillips asked if it was listing the City as an additional insurer? Vice-President Palmer stated it didn’t say that, it was just blank and President Janus added it stated “It modifies the insurance under the following commercial general liability coverage” part but there is nothing there. Vice-President Palmer asked if Artspace was sending it to us as their insurance policy? Ms. Lapaich said that was not what she saw, the Certificate of Liability Insurance as she requested naming the Regular Meeting –July 6, 2015 Page 7 City as an additional insurer. That was probably just the endorsement provision that somehow got to the clerk’s office. Vice-President Palmer made a motion to allow Artspace to utilize the sidewalk on August 7, 2015 from 5:00 pm – 8:00 pm. And on September 4, 2015 from 5:00 pm – 8:00 pm. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST TO SOLICIT BIDS – DISPOSAL OF BUSES Robin Tillman, M.C. Transit Director, Three buses were taken out of service this year. Vice-President Palmer made a motion to allow Ms. Tillman declare them excess and approve their sale by bidding. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS (0). Motion Carries. REQUEST FOR VENDORS LICENSE – COMCAST/XFINITY Peter Bakas, Comcast/Xfinity, is new to the company. He wants to go door to door and just found out he needs to have a vendor license to do this. Vice-President Palmer asked if he was a subcontractor for Comcast and Mr. Bakas said no he was an employee. Vice- President Palmer stated it is his understanding they go to the direct marketing authority of the state and are supposed to get a background investigation done on the individual to be allowed to go door to door in any city. They would be exempted from any fee, but they have to have a background check of all the canvassers, if it is directly from Comcast and he is not an individual working on his own. Mr. Bakas said it is his understanding Vice-President Palmer is correct, he does have what is considered the financial professional regulation license from Illinois and Michigan which has a background check, Indiana does not require it, but he does know they are approved with the state of Indiana in some form or some way, there is a website that he can provide the board that has his name listed. Ms. Lapaich stated she is not sure what the state requirements are and if it differs anything from our ordinance. Mr. Bakas assures the Board that he has passed many background checks and he could get copies or try at least or get verifications from the company. He is also a licensed teacher, East Chicago, Lake Central system St. John Indiana so I have gone through numerous background checks. He has nothing on his record. Vice-President Palmer stated they would be allowed to do this, it kind of supersedes the local authority although they have to abide by the guidelines of the local authority as far as the number of hours are set and anything else the city would have required. But the state authority has the ultimate control of this. Ms. Lapaich asked the board if they had any other question for Mr. Bakas to the extent that he would be effected by our local ordinance. Mr. Bakas stated it would be a Monday thru Friday thing and actually two or three days a week thing depending on his schedule. His employer expects him to be walking the streets from 2:00 pm-8:00 pm. Vice-President Palmer stated our local ordinance states the time limit at night is dusk. Ms. Lapaich stated it is 9:00 am to 7:00 pm. Virginia Keating asked how long would this be going on, when will he start and Mr. Bakas responded for one month. Mr. Bakas stated they switch territories, they may have another gentleman here or lady here next month then the same thing. Our territories rotate. Vice-President Palmer made a motion to approve the vendors applications license provided that all the board questions and concerns are answered through the city attorney and allow her to grant the privilege to authorize the individual to begin as soon as she is satisfied Regular Meeting –July 6, 2015 Page 8 everything is in order. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS (0). Motion Carries. President Janus added Mr. Bakas will be granted a license provided Ms. Lapaich says everything is ok. 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 Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (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 1 07/01/2015 $46,159.31 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 4 07/01/2015 $253651.25 1 of 1 06/29/2015 $545.65 UNFINISHED BUSINESS – Pending Items Pending Item - 111 Franklin Street Craig Phillips, Planning Director, he has received a copy of the construction design release from the state, it did have a number of items that the applicant needs to comply with. It is not anything they resubmit or send additional information to the state. So the Planning Department will follow up with them to see what their time line looks like at this point. Pending Item – Church Parking Lot 7th & Franklin St. Craig Phillips stated that he did have some concerns about this. With everything going on downtown, there was going to be concerns about parking. Both Vice-President Palmer and Corporate Counsel Amber Lapaich stated they have tried to contact the church and the church has not returned calls. Therefore it was decided to take off the Pending List. Pending Item – Marilyn Whitfield, 320 Ridgeland seeking Community Garden Regular Meeting –July 6, 2015 Page 9 Craig Phillips stated that he did contact her, but it is unclear or understanding that she wants to do this on an individual basis not with a group or organization. Mr. Phillips has concerns about an individual using a city lot for the purpose of a garden if they are not going through the right channels to purchase or lease with the city. Would the board like Mr. Phillips to explore something like that with Ms. Whitfield? There was a lot of phone tag going on, but she did say she is not with any board or organization so Mr. Phillips is not sure how the board wants to proceed at this point. President Janus stated that we are at the point in the season where it is a little late to be planting a garden. Vice-President Palmer made a motion the request be denied due to lack of communication and information at this time. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Item – Scarby’s 1716 Franklin St. Craig Phillips spoke with the owner and she stated they are not going forward with their request. Vice-President Palmer made a motion to deny the request based on Scarby’s withdrawing their application. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Item – Zoological Society Craig Phillips stated we are currently awaiting a decision by the Mayor on this. Pending Item – Two-way street conversion project Craig Phillips stated there was a Public Meeting on June 18, 2015 and it was well attended. The consultants are in the process of doing the engineering and design for the purposed improvements. The project largely to the south of highway 12 consist of pavement markings, restriping, and signage. To the north of highway 12 there would be most likely some reconstruction of the intersection of Franklin and 2nd St. but the rest of the details are not known yet. President Janus asked when are the plans anticipated, Mr. Phillips answered this week. There was a brainstorming session last week about how to work the intersection behind City Hall, Mr. Phillips made some suggestions and they are going to work on it. Pending Item – 1720 Franklin Street, Panini Panini requests bike racks and garbage cans Craig Phillips stated the bike racks were ordered and the company got confused, they didn’t send them because they were different from what we ordered last time, so they didn’t send them but never told us. Pending Item – Wells Chair Craig Phillips stated this will be pending the South Gateway Project. We should be getting more information about the South Gateway Project very soon. Specific to targeted properties that Mr. Phillips wants to work on in some specific way with regard to either code enforcement or things like that. Regular Meeting –July 6, 2015 Page 10 Pending Item – Hilltop/Lake Avenue stairway replacement project Spike Peller, City Engineer stated the Hilltop stairs are done. Mr. Peller asked that this be taken off the Pending List. Pending Item – Signage to Lake Hills School Spike Peller, City Engineer stated they are working with General Services to get these put up. These signs were approved by this board. President Janus took this opportunity to ask how the streets were coming along. Mr. Peller stated the planned work should be done this week. They are looking at possible other work, getting a price on it. Vice-President Palmer asked about St. John Rd. between Ohio to Marquette Mall Parking Lot. President Janus then asked about the 300 block of 9th St. then it was stated 200 block of 9th becoming 2 ways and if it was wide enough. Craig Phillips stated it was definitely wide enough. Mr. Phillips did go out and look at the width with the engineers for the 2 way street conversion. It is definitely wide enough for 2 way traffic. It may not be preferred by the residents. It is narrow, but there is room for parking on both sides and a lane in each direction. So that is being considered if they want to request that conversation from the board or not. Vice-President Palmer told Mr. Peller there was another request for Earl Rd. by County Line Rd. it was then determined this was not our area so the request was denied. Pending Item – Roeske and Michigan Blvd. Russ Hatfield, Code Enforcement Officer stated Mr. Borolov has been monitoring this, also has been in contact with Ms. Lapaich and Capt. Jesse has also had some correspondence. It sounds as if the gentleman is going out of business and removing vehicles as quickly as he can. Corporate Counsel Amber Lapaich stated there is 20 days under state law that was issued to allow him to move his vehicles after they were tagged. President Janus stated there are a few empty spaces there. Ms. Lapaich stated when she drove in that morning they were loading a car up as well. Pending Item -1120 Elston St. Russ Hatfield, Code Enforcement Officer did not receive the title work yet. Try to get in the next round of demos. Vice-President Palmer stated the front door was kicked in but now there was a pad lock on it so someone has been there. Pending Item – 1204 W. 7th St. Russ Hatfield, Code Enforcement Officer, will address under the Property Maintenance Ordinance. Pending Item – 1125 W. 8th Street Russ Hatfield, Code Enforcement Officer stated this will be in August for demolition hearing. Pending Item – 701 Union Street Russ Hatfield, Code Enforcement Officer stated this will be scheduled for the second meeting in July for demolition hearing. Regular Meeting –July 6, 2015 Page 11 Pending Item – Old Chrysler building on Michigan Boulevard Russ Hatfield, Code Enforcement Officer stated on hold right now. Pending Item – Sinking/receding property at northwest corner of Franklin & 7th Street Russ Hatfield, Code Enforcement Officer stated he did supply the board with a letter that was hand delivered to the owner. Mr. Hatfield has not gotten any response on the letter. Vice- President Palmer stated that Mr. Hatfield had to stay on top of that because the Taste of Michigan City was coming up and that will be heavy traveled. Mr. Hatfield agreed it could be a safety issue if someone would step off. Craig Phillips asked Ms. Lapaich if the city can take action to remedy this safety situation by installing a fence along the edge of the sidewalk? At least temporary for the Taste Event in the event that he does not comply and then we follow up as an enforcement action at that point? What are our options? What if he drags his feet and we do not hear from him, Mr. Phillips does not want to get into a situation where we do not have a safety solution in place by the taste. Ms. Lapaich stated she would talk to Mr. Phillips after the meeting. Vice- President Palmer asked if we put a fence up, then the city is liable if something happens, Mr. Phillips commented that if we are remedying a safety situation he wants to explore it with Ms. Lapaich. Ms. Lapaich because it is not on City property where the sink hole is correct? Right was the response. But it could affect our sidewalk? Right was the response, the city’s sidewalk sits just inside the right away line so there maybe room to install something simple and temporary at least for the event. Ms. Lapaich stated she would like the situation fixed rather than temporary fencing, she does not think that it is unreasonable to ask that it be fixed. Mr. Phillips stated in order to property fix it, they have to excavate it and refill it. That would be the proper solution. Pending Item – 915 Green Russ Hatfield, Code Enforcement Officer states this one is on hold for now. Pending Item – 228 W. Coolspring Avenue Russ Hatfield, Code Enforcement Officer states this will be in front of the board for demolition hearing on the 2nd meeting in July. Charlies Tavern on Barker Ave Vice-President Palmer took the time to ask Mr. Hatfield about Charlie’s Tavern on Barker Ave. He stated first of all there is a fence that is on the sidewalk and blocks the sidewalk which means you have to walk into the street and they did not get permission from the board to do. That fence has been up for two (2) months now, they have done nothing to that building but remove the bricks off the sidewalk and the brick hole is still there where more bricks could fall off. The sidewalk has been closed now for two (2) months again no permission from the board, no signage on there saying “Careful of Traffic” as you are going through. What is going on with this? Mr. Hatfield stated at the time it was an emergency situation where the city did allow them out of safety. Last that they spoke, they were arguing with the insurance company about this. If this board wants to, Mr. Hatfield will issue an order to repair. Vice-President Palmer stated he thinks that is what needs to be done, it is Regular Meeting –July 6, 2015 Page 12 just sitting there and it could take months arguing with the insurance company. The safety of the public having to walk into the street around that fence because the sidewalk is closed off is an issue. Pending Item – LuLu Licks –Vendor’s License Ms. Lapaich stated she was not sure that the board actually approved the vendor’s license. Vice-President Palmer that that there was more information that was needed. Ms. Lapaich stated that Planning was supposed to report back. Russ Hatfield stated he was under the impression that at the time, as long we did receive all the required information that we did go ahead and issue them the license so they could go ahead and start working. And they did supply us with all the information. It is in the controller’s office. Vice-President Palmer made a motion that Lulu Licks be provide a vendor’s license and that they have met all of our specifications and the license has already been issued. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Item – 1214 E. Michigan Boulevard President Janus stated that this was a continuation of the public hearing on this property, as far as whether this board will request demolition or not. Russ Hatfield stated since the last hearing that has been some more siding placed up and some more windows put in. Mr. Hatfield has provided the board with photos from this morning to show the condition. It is not as far along as he had told the board it would be by today. So Mr. Hatfield is going to leave it in the hands of the board. President Janus addressed Mr. Karallas stating he told the board a week ago that all the siding would be up and the windows in. They are not. Mr. Karallas stated there are about three (3) windows that still need to be put up. He had to break the concrete steps. President Janus stated the concrete had nothing to do with the siding. Mr. Karallas stated the foundation in the little section, the siding is up almost ready to go to the top, the siding is on the side. He had to break the concrete because a lot of the wood around the door, he put a brand new door in the back, he had to break the concrete in order to fix the foundation so he could start the siding on the very corner. He would like to have some of board come by and see. President Janus asked where the siding was on the front and ground floor? Mr. Karallas stated he had to tie it into the corner where he is at, he took the concrete steps out and that is where he is working this week, to fix the foundation in the corner and then he can start the siding. He stated he had a contractor to help him and promised he would be there but somehow a lot of his workers did not want to work for the weekend because of the 4th of July. Mr. Karallas stated he was there Friday, Saturday he was there fifteen (15) hour and Sunday sixteen (16) hours. He is doing his best. President Janus asked what about Monday, Tuesday, Wednesday or Thursday? Mr. Karallas said Monday it was raining. Mr. Karallas stated he is a contractor and he was finishing some jobs in Goshen. But he had some people to work on Wednesday and Thursday, he son was there with two (2) guys working. He is also trying to keep the property clean at the same time. Mr. Karallas is asking to be honestly realistic, he needs a couple of weeks, he wants to do quality work. He wants his building to be a good building and not have to go back in a year and fix things up. He wants his building to be a nice building, you can see he does good work, what is up there right now is really good. President Janus reminded him he asked for a week and he didn’t do what he was going to Regular Meeting –July 6, 2015 Page 13 do. Mr. Karallas states that he did a lot, that we may not see what he did, that the board needs to come and see it. President Janus stated he has been around it, he has seen it, all sides of it. Mr. Karallas stated the easy part is now, to put the siding up. He has put a lot of money into it, he doesn’t want to waste any more of the boards time. He wants to get this done. All the siding is there, all the material is there. Mr. Karallas states he is not going to stop, he is going to fix the garage, and he wants to fix the property nice. He doesn’t want to put all this money into it and then have the board order demolition. President Janus stated that he wants to close the hearing and ask for demolition but he is only one person. President Janus asked for any recommendations. Vice-President Palmer stated it has been since 2013 that the city has been working with Mr. Karallas. Everyone is tired. He understands the intent, he knows what Mr. Karallas is trying to do. The funding is not there to continue with this project, it is being piece milled. Maybe the siding will get done but the building will sit for another year before anything else gets done because there is no money to take care of the garage, there is no money to take care of the inside. Vice- President Palmer truly believes the best answer to this is to demo it. Vice-President Palmer asked Mr. Hatfield if there was anything he wanted to add. He also asked if he was correct with it being two year to get anything done, the money that is going to have to be put into it is not going to be worth the value of the property. Mr. Hatfield stated anything is repairable and it is just a matter of the person’s economic feasibility of being able to do a project and what it is going to be worth when they are done. There is money invested in this and it is slowly starting to look better. President Janus agreed, what is done looks good, it is just not enough. Mr. Hatfield stated if the entire exterior looking proper and up to minimum building code standards he would have no problem giving him time on the inside. The outside has to stay maintained and it has to look like it is part of a community. Vice-President Palmer stated if he were to give him two more week, the siding would have to be done, that was it, no more. The hearing will be closed at the next meeting and they will go forward with demolition. Two weeks from today all the siding should be done and all the windows should be done, end of story. That includes the smaller portion out front, the entire outside, does not include the garage. Virginia Keating stated she is very disturbed because the board has been there time and time again and each time they are promised the work will be done. She is unhappy about last meeting where they were promised everything would be done in a week. Vice-President Palmer made a motion that Mr. Karallas be allowed two (2) weeks to have the whole building sided and the remaining windows put in. Should none of this be done, completed to the satisfaction of the inspection department the hearing will be closed at the next meeting on July 20 and will proceed with demolition and will not talk about this any further. Mr. Phillips stated there is a compliance plan as part of the vacant housing program and commitments were made that work would be done back in 2013 and there were a whole list of things including things that are being talked about today. Mr. Phillips concern is we’re investing $13 million across the street, we need to clean up this neighborhood. If the siding on the main structure and the windows are done what is the status of the garage? Will we be limping along until the garage is done? What is the status on the inside of the property? It is Mr. Phillips understanding that there is serious structure concerns with this property. Are we just delaying the inevitable? Vice-President Palmer is going to stick with his motion but add the garage now because it is concrete but the portions that are not can be sided as well as the garage door put on. Mr. Karallas stated he can’t do all this in a two week and President Janus reminded him a week ago he told the board he could do this in a week at the last hearing. Regular Meeting –July 6, 2015 Page 14 Vice-President Palmer now made a motion to allow Mr. Karallas to get the exterior portion of the building front and the house done, and work on the garage but it has to be done within two weeks. The siding all completed, the windows all completed that are missing as well as the front portion of the building also sided within two weeks. If time permits, start working on the garage. Should none of this be completed the board is done, the hearing will be closed and order a motion for demolition. Ms. Lapaich, asked the board just to be clear at the next meeting the board will be affirming the decision and the order from the plan department to proceed with the demo. That was correct. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Palmer, Keating (2). NAYS: Janus (1). Motion Carries. PUBLIC COMMENTS Carl Volkman, 825 Franklin St. wants to utilize the sidewalk in front of 825 Franklin St. for Open Art Class for the remainder of the summer. President Janus asked if this was talked about with Planning? Mr. Volkman said no. Mr. Phillips asked Mr. Volkman to make an appointment with planning to come look the space and show him what he is planning to do. Mr. Phillips asked the board to refer it to planning, it is not the same as outdoor dining. Mr. Phillips talked about some things that cannot happen but he is willing to take a look at and come back at next board meeting. Liability Insurance is needed for this. Vice-President Palmer made a motion to allow the Planning Department to work with Mr. Volkman to get approval of his project as long Mr. Phillips is ok with it and pending Liability Insurance is received to the Clerk’s office before the event. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janes, Palmer and Keating (3). NAYS (0). Motion Carries. Johnny Stimley Vice-President of Zoological Society. Requesting on July 12 to have their 5K annual run for the Washington Park Zoo and partial closure of roads working with the Police Department for the 5K Route. President Janus asked if he had been to the Park Dept. and Mr. Stimley stated yes he has it arranged with the Park Dept. already, and the Pavilon is closed. He has also gone before the Park Board for parking. Capt. Jesse stated he is not aware of the route, but Mr. Stimley stated he could provide Capt. Jesse with a copy of the route right now. It is the 14th year of doing this event. Vice-President Palmer asked if Officers had to work the intersections? Capt. Jesse stated it has been on the agenda. The Certificate of Liability will be handed to Gale right after the meeting as well. Virginia Keating made a motion to approve the request for July 12 for a 5K for the route to be discussed with the police department, the certificate of insurance to be provided and the run to begin at 9 am. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBER Janus, Palmer and Keating (3). NAYES (0). Motion Carries. Wesley Smith has issues with the vendors license application. He is more of a food vendor and not a peddler and would like to talk to someone. President Janus said he could talk to the City Attorney. Mr. Smith said he didn’t understand a few things. Ms. Lapiach said she would be happy to talk to him. Jim Michaels MC Sanitary District and Trail Creek Water Shed. Trail Creek Water Shed purchased a bunch of signs to put up going over any water ways. It would say “Trail Creek Water Way Going Over”. Just wanted to get the ok to put them up. Vice-President Palmer said it was already approved, just need to install them. Regular Meeting –July 6, 2015 Page 15 BOARD COMMENTS President Janus asked if there were any Board comments. President Janus stated that he noticed on Cleveland Ave where the stop signs are placed at Tremont there are still “Children Walking” Signs, can the Street Department use them in other areas? 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 10:29 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk