Board of Public Works & Safety

REGULAR MEETING – July 20, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, July 20, 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 Bob Zondor, Superintendent Central Maintenance Charles “Spike” Peller, City Engineer Sgt. Ken Havlin, M.C. Police Department Jeremy Kienitz, Superintendent M.C. Parks Department Craig Phillips, City Planner Kalon Kubik, Mayor’s Administrator Randy Novak, Fire Chief Scott Kaletha, Training Officer M.C. Fire Department 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 July 6, 2015. Vice-President Palmer made the motion to approve the minutes as presented of the July 6, 2015 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. APPROVAL OF REQUEST FORM - Board of Public Works & Safety Agenda Request Form Michael Palmer addressed the Board explaining at the request of the City Clerk’s Office the Board has modified the form to be used by the public to request to be placed on the Board of Public Works & Safety Agenda; further explaining the form was redesigned with the input of the Board as well as Corporate Counsel Amber Lapaich; asking the Board to approve the form so it could begin being utilized starting today. Virginia Keating made the motion to approve the “revised” Board of Public Works & Safety Agenda Request Form. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Regular Meeting –July 20, 2015 Page 2 REQUEST TO PLACE BANNERS – Diana Karpinski, representing Michigan City High School is requesting to place Senior Football Banners along Franklin Street The following correspondence was received in the City Clerk’s Office on July 8, 2015 from Diana Karpinski, Michigan City High School: Type of Request: Annual Hanging of Sr. Football Banners Permission to hang Sr. Banners along Franklin St. on posts. The area would be from Coolspring to Ames. Banners will be ordered week of July 20, 2015. Mfg. & shipping time to me is 3-4 wks. Once I have shipment I will call to confirm date & time. President Janus stated this was an annual request. Vice-President Palmer addressed the Board regarding the Certificate of Liability Insurance. Discussion ensued between the Board and Corporate Counsel Amber Lapaich regarding the Certificate of Liability Insurance with Counsel Lapaich advising that one should be provided naming the City as an additional insured because they will be utilizing the City light posts. City Clerk Gale Neulieb addressed the Board stating she did speak with Mrs. Karpinski who informed her that Marquis Electric will be putting the banners up and will be bringing in their Certificate of Liability Insurance. Vice-President Palmer made the motion to approve the request to place Sr. Football Banners along Franklin Street provided the proper Liability is turned in prior to the placement of the banners. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST TO UTILIZE SIDEWALK – Leigh Coburn, representing Homeward Bound is requesting to utilize sidewalks for a Sidewalk Shopping Cart Walk on September 26, 2015 from 9:00 a.m. to 2:00 p.m. The following correspondence was received in the City Clerk’s Office on July 7, 2015 from Leigh Coburn, 16 Constitution Drive: Type of Request: Sidewalk Shopping Cart Walk Fundraiser for Homeward Bound as described in attached flyer. Mainstreet Association supports this effort. Date of Request: September 26, 2015 Time Requested: 9:00 a.m. to 2:00 p.m. Ed Merrion, 321 W. 11th Street, addressed the Board explaining the event for the Homeward Bound Walk; the route that will be used utilizing the sidewalks along Franklin Street; asking the Board for approval; stating they do have a Certificate of Liability Insurance from Catholic Charities; advising all the organizations that will be involved in the event. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board stating he did speak with Mr. Coburn and they will not be closing any streets, but will be utilizing the sidewalks; no overtime will be needed for police officer; they have no objections to the event. Discussion ensued between the Board and Sgt. Havlin regarding police assistance for the event. Regular Meeting –July 20, 2015 Page 3 Vice-President Palmer made the motion to approve the Sidewalk Shopping Cart Walk on September 26, 2015 from 9:00 a.m. to 2:00 p.m. pending the Certificate of Liability Insurance is filed in the City Clerk’s Office within three (3) days. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST TO USE WESTCOTT PARK – Jane Daley, Community Relations Manager for Visit Michigan City Laporte (CVB) is requesting to use Westcott Park on Thursday, August 20, 2015 beginning at 4:30 p.m. for their Idea & Information Exchange The following correspondence was received in the City Clerk’s Office on July 1, 2015 from Jane Daley, Community Relations Manager, Visit Michigan City LaPorte: A representative from the CVB would like to appear before the BOW to ask permission to use Westcott Park for our August 20th Idea & Information Exchange. The meeting last approximately 1 to 1½ hours and begins at 4:30 pm. We will appear before the BOW on July 20th or someone will appear on July 6th and speak at the end of the regular meeting. Thanks. Linda Simmons, Director Marketing and Dale Cooper, Curator at the LaPorte County Convention and Visitors Bureau addressed the Board explaining the request; asking for approval; advising they have spoken with the Park Department; that author/artist Carol Lerner will be present at the event. Discussion ensued between the Board and Corporate Counsel Amber Lapaich regarding a Certificate of Liability Insurance being needed naming the City as an additional insured for purposes of the event. Virginia Keating made the motion to approve the request to use Westcott Park for the event for Visit Michigan City LaPorte (CVB) on August 20, 2015 at 4:30 p.m. to last approximately 1½ hours contingent on providing insurance and Park approval. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST TO UTILIZE SIDEWALK & PARKING SPACES – Michael Wernik, Artspace Uptown Artists’ Lofts, is requesting to utilize the sidewalk and parking spaces (5 slots) in front of 717 Franklin Street for First Friday, August 7, 2015 from 4:00 to 9:00 p.m. for mix- media painting The following correspondence was received in the City Clerk’s Office on July 15, 2015 from Michael Wernik, Artspace Uptown Artists’ Lofts: Type of Request: Live Art Demo (Art/Watch) First Friday UAD (5) parking spots use by artist. Artist Jason Wonnell from Indiana University Bloomington will create a mix-media painting for Michigan City’s Artspace Uptown Artist Lofts window. Wonnell will collage digital images with spray paint stencils, wheat paste silkscreen, & woodcut relief onto 8’ x 4’ plywood from Tonn & Blank. Artspace is requesting use of 717 sidewalk and no parking signs or cons for 5 spots infront of 717 building (4pm-9pm). The studio area will be tarped to protect sidewalk & building & cars (spots). Date of Request: August 7, 2015 Time Requested: 4-9 pm (no parking)/Studio Event 5pm-8pm Regular Meeting –July 20, 2015 Page 4 Michael Wernik, Artspace Uptown Artists’ Lofts, addressed the Board explaining the event and the amendment to the original request to also utilize the parking spots in front of 717 Franklin Street as well as the sidewalks; asking for approval. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. Wernik regarding prior approval given by the Board for use of the sidewalk; utilizing the parking spaces in front of 717 Franklin Street on First Friday, August 7, 2015; Tonn & Blank’s current use of those parking spaces. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board regarding the request advising some of the fencing has been removed in that area to open up some of the parking spaces; stating they do not normally close off the streets to vehicles as such, but they have no objections if the Board approves the request. Further discussion ensued between the Board and Mr. Wernik regarding the method for blocking the parking spots; and that he would contact Bob Zondor at Central Services for the barricades. Vice-President Palmer made the motion to approve the request for the closure of the five (5) parking spaces in front of 717 Franklin Street for the First Friday event on August 7, 2015 along with utilization of the sidewalk. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Discussion continued between the Board and Mr. Wernik regarding the area being used for the event and notification of adjacent businesses. ORDER TO DEMOLISH – 710 E. Barker Avenue-Steven Lincke and Colleen Lincke, Reuben Carder, Carol Wingard President Janus opened the Hearing at this time. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 710 E. Barker Avenue stating it was once a commercial property; presenting the Board members with a packet of information on the property that included: delinquent property taxes, shut-offs for the utilities, photos documenting the condition of the structure, the City having to board-up the property on several occasions due to vandalism; requesting the Board allow him to continue on with the demolition process. Reuben Carder, Goshen IN, addressed the Board regarding the property stating they have been trying to work on the property, but were run-off by the Inspection Department; stating he will pull the permits to make the repairs; further explaining that someone changed the locks and put a new owner sign on the building. Discussion ensued between the Board, Mr. Hatfield and Mr. Carder regarding the rehabilitation of the structure. Mr. Carder stated he would have the outside of the structure completed within 30 days, with the exception of the area in the rear of the structure where the tree is which he will address at a later date. Regular Meeting –July 20, 2015 Page 5 Further discussion ensued between the Board, Mr. Hatfield and Mr. Carder regarding continuing this hearing for thirty (30) days to allow Mr. Carder to complete the rehabilitation of the outside of the structure; the hearing will be re-opened at the August 17, 2015 meeting. Vice-President Palmer made the motion to continue the demolition hearing to the August 17, 2015 meeting and the Mr. Carder work with Mr. Hatfield to get the exterior of the structure completed. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. ORDER TO DEMOLISH – 701 Union Street-Dianna Smith, Ulicus Jackson President Janus opened the Hearing at this time. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 701 Union Street stating the house has been vacant since 2008; has been vandalized several times with Vector Control boarding up the rear of the property. Mr. Hatfield provided the Board members with a packet of information on the property that included: delinquent property taxes, shut-offs for the utilities, photos documenting the condition of the structure, requesting the Board allow him to continue on with the demolition process. Devon Hawkins, 705 Union Street addressed the Board regarding the structure stating there have been squatters, drug users and families of raccoons residing there; it’s a nuisance property; and that the owners are deceased. Discussion ensued between the Board and Mr. Hatfield regarding the notices that were sent to the parties of significant interest. Mr. Hatfield advised that a member of his department did have communications with a party of significant interest who advised they would not be returning to Michigan City for any reason. Corporate Counsel Amber Lapaich advised the Board that the Hearing was published in the News Dispatch on two (2) separate occasions as well. Vice-President Palmer stated as the parties of significant interest are showing no interest in the property; that the property is an eye-sore; the City has had to make numerous repairs to the building to secure it; and there are animals and squatters inhabiting the structure. Vice-President Palmer made the motion to continue the demolition process on this property. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. President Janus advised this property was in the TIF District and that the demolition costs would be forwarded to the Redevelopment Commission for payment. ORDER TO DEMOLISH – 522 Pleasant Avenue-Bruce J. Turner President Janus opened the Hearing at this time. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 522 Pleasant Avenue providing the Board members with a packet of information on the property that included: delinquent property taxes, shut-offs for the utilities, photos documenting the Regular Meeting –July 20, 2015 Page 6 condition of the structure; advising the Board there were people gutting the interior of the structure, which he and Mr. Borolov of his department stopped the work and advised they would need the proper permits to continue, they stopped the work and never returned; there are numerous animals residing there, with the City and neighbors maintaining the yard; requesting the Board allow him to continue on with the demolition process. Bruce Turner, Chesterton IN, addressed the Board regarding the structure; explaining the work that was initiated in the interior of the structure; advising he is paying someone to keep the grounds maintained; addressing the vandalism that continues to take place there; that the structure is sound, but he does not have the money to fix the structure right-away; there is electric on at this time; he is working with the County on his property tax situation; that he is on a very limited budget; he requested that the structure not be torn down and that he will do what he can to secure the structure. Discussion ensued between the Board and Mr. Turner regarding what the structure will look like in thirty (30) days; money for the project; condition of the exterior of the property and the electrical service there; continuous vandalism of the property; demolition of the structure and the property taxes that are due; replacing the broken windows, fixing the exterior doors and siding not just boarding them up; allowing the demolition hearing to continue for thirty (30) days to allow Mr. Turner to replace the windows, doors and missing siding with no plywood covering any of the exterior. Mr. Hatfield addressed the Board stating if this is not going to be a constant active project with constant progress, he requests that this Board allow him to continue with the demolition process. Vice-President Palmer made the motion to continue with the Order to Demolish. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. ORDER TO DEMOLISH – 501 Hoyt Street-Daniel Perla, Embrace Home Loans, Jim Kuszmaul President Janus opened the Hearing at this time. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 501 Hoyt Street stating the listed owner on the Title search, Daniel Perla, is deceased; a gentleman named Jim Kuszmaul who said he was buying the property on land contract and started making some repairs abruptly quit. Mr. Hatfield provided the Board members with a packet of information on the property that included: delinquent property taxes, shut-offs for the utilities, photos documenting the condition of the structure, requesting the Board allow him to continue on with the demolition process; and that it was published in the News Dispatch. President Janus asked if there was anyone present representing this property. There was no response. Vice-President Palmer advised he has spoken with adjacent property owners regarding the condition of the property and the animals that are trying to inhabit the structure. Regular Meeting –July 20, 2015 Page 7 Vice-President Palmer made the motion to issue the Order to Demolish. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. ORDER TO DEMOLISH – 414 E. 9th Street-Robert C. Ditto, Capital, Michael Graham President Janus opened the Hearing at this time. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 414 E. 9th Street stating the property has been vacant since 2005; that there have been several parties involved with the rehabilitation of the structure, and that the current owner Mr. Ditto has offered to donate this to the City; he checked with Mrs. Pinkston to see if she might want it for the Community Program, however, she was not interested in it. Mr. Hatfield provided the Board members with a packet of information on the property that included: delinquent property taxes, shut-offs for the utilities, photos documenting the condition of the structure, requesting the Board allow him to continue on with the demolition process. Mr. Hatfield advised that with the Board’s approval he will still need to take this to the Historical Review Board for a Certificate of Appropriateness; and that the property was located within the TIF District. President Janus asked if there was anyone present representing this property. There was no response. Virginia Keating made the motion to go forward with the Order to Demolish of 414 E. 9th Street once the Certificate of Appropriateness has been given by the Historic Review Board. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. ORDER TO DEMOLISH – 301 Dewey Street-Paula Sadler, Indiana Department of Revenue, City of Michigan City, Deutsche Bank National Trust Company, Heights Finance Corp. President Janus opened the Hearing at this time. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 301 Dewey Street stating the property has been vacant since 2010; that it has been heavily vandalized; Vector Control has had to board up the structure numerous times. Mr. Hatfield stated the listed owner is Paula Sadler, and he has not heard from her or anyone with significant interest; advising this was published in the News Dispatch. Mr. Hatfield provided the Board members with a packet of information on the property that included: delinquent property taxes, shut-offs for the utilities, photos documenting the condition of the structure, requesting the Board allow him to continue on with the demolition process of both the main structure and garage. President Janus asked if there was anyone present representing this property. There was no response. Vice-President Palmer made the motion to allow Mr. Hatfield to continue with the Order to Demolish the house and garage at 301 Dewey Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Regular Meeting –July 20, 2015 Page 8 ORDER TO DEMOLISH – 228 W. Coolspring Avenue-Antonio Alvarado, Christina D. Weaver, Toni Whitfield President Janus opened the Hearing at this time. Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 228 W. Coolspring Avenue stating the property has been vacant since 2010; the listed owner Antonio Alvarado has passed away and his daughters have interest, and he has been working with them. Mr. Hatfield provided the Board members with a packet of information on the property that included: delinquent property taxes, shut-offs for the utilities, photos documenting the condition of the structure, requesting the Board allow him to continue on with the demolition process. Joann Garwick, Valparaiso IN, addressed the Board regarding the property asking the board for an extension of time so she can look into contractors to demolish the structures herself as there is still personal property there that she would like to get out. Discussion ensued between the Board, Mr. Hatfield and Mrs. Garwick regarding the demolition process. Mr. Hatfield stated he could work with Mrs. Garwick to direct her to contractors for the demolition. Further discussion ensued between the Board and Corporate Counsel Amber Lapaich regarding continuing the demolition hearing, or defer the Demo Order and Mr. Hatfield would just hold off seeking bids for thirty (30) days. Vice-President Palmer made the motion to defer the Demolition Hearing for thirty (30) days to allow Mrs. Garwick time to make the arrangements to have the structures demolished; and at the Board’s August 17, 2015 meeting if Mr. Hatfield is satisfied with what Mrs. Garwick has presented, they will then make the determination to close the hearing on this matter. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. UPDATE – Janet Bloch, Education Director, Lubeznik Center for the Arts to update Board on AgriSculpture project Janet Bloch, Education Director, Lubeznik Center for the Arts addressed the Board to update them on the AgriSculpture project; presenting the Board members with photos of the artists’ work; introducing Jeff from Global Engineering, who could also answer any questions the Board may have. Mrs. Bloch stated she was before the Board to address any concerns they may have with the project, as they are hoping at the next meeting to get the Board’s permission to install the sculptures. Discussion ensued between the Board and Mrs. Bloch regarding the sculptures that will be installed in the downtown area/Farmer’s Market. Mrs. Bloch explained the sculptures and the locations; stating all of the artists are willing to amend their work based on safety and the Board’s concerns. Further discussion ensued between the Board and Mrs. Bloch regarding parts of the sculptures that pose potential hazards. Mrs. Bloch advised that the parts of the sculptures that have sharp objects were dulled; and they were given a height clearance for the tops of Regular Meeting –July 20, 2015 Page 9 the sculptures, which have been met. Mrs. Bloch advised the sculptures are still in the process and there can be modifications made. The Board advised they did not make any height recommendations, and that all sharp objects would not be approved/allowed for public display. Discussion continued between the Board, Corporate Counsel Amber Lapaich, Mrs. Bloch and Jeff from Global Engineering regarding the sculptures and modifications that would need to be made for public safety; the installation/base of the sculptures; working with the contractor to develop a base that would elevate some of the sculptures, and/or develop landscaping around the sculptures that would deter anyone from climbing up the sculptures. Corporate Counsel Lapaich addressed Mrs. Bloch asking that it was her understanding that the sculptures would be donated to the City and the City would assume ownership of them; and the City/Board of Public Works and Safety would be approving where the sculptures would be placed; assuming the City would take ownership of them; and that the “sharps” would have to be removed before the City would consider taking ownership of the sculptures. Discussion continued between the Board and Mrs. Bloch regarding the sculptures that would need to be modified; where construction is taking place as Board members may want to see the work; coordination with Global Engineering on the installation of the sculptures; contacting General Insurance regarding safety concerns and coverage, and if they approve the Board would also approve; altering some of the concerns with the sharp objects/the objects that have points and resubmitting the alterations to the Board; contacting General Insurance to get any concerns they have with insuring the pieces; issuing an invitation to the artist’s studios for all concerned. Mrs. Bloch asked to be included at the next Board meeting to further discuss the project and present the sculptures with the modifications as requested; hoping to get approval for the installation of the sculptures on the first Saturday in August. MICHIGAN CITY PARK DEPARTMENT – Shannon Eason, Assistant Park Superintendent is requesting to add marking signs to the bus stop signs on Lake Shore Drive The following correspondence was received in the City Clerk’s Office on July 6, 2015 from Shannon Eason, Assistant Park Superintendent: The Michigan City Park Department developed a beach access marking system in 2011 to help patrons report their location on the beach in case of emergencies. The marking system has greatly improved response times for all emergency personnel in LaPorte County responding to incidents on our beach. We would like to extend this program by adding marking signs to the bus stop signs on Lake Shore Drive. This would allow emergency personnel to identify beach paths, and beach paths with access for 4 wheel drive emergency vehicles very quickly without having to reference the attached maps. The markings signs would coordinate with our maps. Beige 6” squares would identify beach paths, and beige 6” square containing a yellow triangle would identify paths with 4 wheel drive access. If you approve, the signs will be fabricated and installed on the bus stop signs by the Michigan City Street Department. Regular Meeting –July 20, 2015 Page 10 Thank you for your consideration. Jeremy Kienitz, Park Superintendent addressed the Board regarding the request; explaining the proposed signage and placement; asking for approval; and if approved they will work with the Street Department to fabricate and install the signs on the bus stops. Discussion ensued between the Board and Mr. Kienitz regarding the placement of the signs; specifically Colfax Avenue. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board stating they have no objections to these signs as they will be helpful. Randy Novak, Chief Michigan City Fire Department addressed the Board stating they have no objections; that it’s a great program and extending it out would be a benefit. Virginia Keating made the motion to approve the request for the Michigan City Parks and Recreation Department to place signs, six (6”) square beige squares identifying the beach paths and six (6”) square signs with a yellow triangle identifying paths with 4-wheel drive access on Lake Shore Drive and Colfax at the bus stops. 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 addressed Superintendent Kienitz asking if the Park Department was in charge of Striebel Pond. Mr. Kienitz replied that falls under the Sanitary District; and that he and the Sanitary District are aware of the email that went out. MEMORANDUM OF UNDERSTANDING – Memorandum of Understanding between City and County for use of 204 Willard Avenue located in Michigan City, IN The following Memorandum of Understanding was presented to the Board: MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND COUNTY FOR USE OF 204 WILLARD AVENUE LOCATED IN MICHIGAN CITY, INDIANA This Memorandum of Understanding (“MOU”) is executed on the date set forth below by and between the City of Michigan City, Indiana, acting by through the Michigan City Board of Public Works and Safety (“City”) and the County of LaPorte, Indiana acting by and through the Board of Commissioners (“County”) memorializing an understanding for the use of certain property of the City located at 204 Willard Avenue, Michigan City, Indiana, by the County (“Property”). WHEREAS, the City of Michigan City, Indiana is an Indiana municipal corporation; and WHEREAS, the County of LaPorte, Indiana is a political subdivision of the State of Indiana governed by and through it duly elected Board of Commissioners; and WHEREAS, the City of Michigan City owns property located at 204 Willard Avenue, Michigan City, Indiana which is not presently needed for use by the City of Michigan City and which the City is willing to allow the County to use in furtherance of the Superior Court No. 1 Vocational Training Program; NOW THEREFORE, in exchange for the mutual promises made in this MOU and other valuable consideration, the Parties agree as follows: 1. Property. The City will permit the County to utilize the property and improvements and fixtures located at 204 Willare Avenue, Michigan City, Indiana until such time as the City determines that the property is otherwise needed for use by the City or determined that the property is surplus to be sold by the Regular Meeting –July 20, 2015 Page 11 City. The property and all improvements thereon and fixtures therein will remain the property of the City at all times. 2. Termination. This MOU is for an indefinite period of time and may be terminated at any time at the election of either the City or County, upon forty-five (45) days written notice to the other party prior. The County will surrender and deliver up the Property at the end of the term in as good order and condition as the same not exists, reasonable use and natural wear and tear expected. 3. Operation, Maintenance and Repairs. The County accepts the Property “as is” on the date set forth below. The County will be solely responsible for all aspects of the operation and maintenance of the property an all costs and expenses associated with, arising out of or the County’s possession of the property, including but not necessarily limited to all utility charges, including, water, sewer, gas, oil, and electric, which may be assessed or charged against the Property. After the county takes possession of the Property, the County shall be responsible for all maintenance and repairs upon said Property, interior and exterior, including but not necessarily limited to the following: (A) Maintain the mechanical systems for the property, including, but not limited to: plumbing, HVAC, water and electrical; (B) Promptly remove snow and ice from walks, drives, and parking areas; (C) Maintain exterior walls and roof together with interior walls, floors, windows and ceiling; (D) Provide for scavenger service for removal of all refuse; and (E) Keep the interior and exterior of the property and the walks, drives, parking areas, and grounds of the premises in a clean, neat condition, free from waste or nuisance and return the property to the City in a clean and sanitary condition, in good repair and condition, reasonable wear and tear excepted, upon termination of this MOU. 4. Alterations or Improvements. The County shall not make any alterations, improvements or additions in or to the Property nor make any contract therefore without first delivering to the City any intentions, plans or specifications for such alterations or improvements and a form of indemnification protecting the Property and the City from liens, costs, damages and expenses. Further, said alterations, improvements or additions shall not be undertaken without the City having first given its written consent. Any such alterations or improvements, at the termination of this MOU, shall be deemed a part of the real estate and shall belong to the City at the termination of the MOU. 5. Right of Inspection. The City shall have the right to inspect the Property from time-to-time and the County shall allow the City access to the property for the purpose of making inspections, making repairs, or performing necessary maintenance in the event the same has not been made or performed by the County in a timely fashion. 6. Liens or encumbrances. The County shall not allow any mechanic’s liens or encumbrances to be filed or maintained against the leased premises and shall not allow any judgment to attach to the leased premises. In the event such a mechanic’s lien is filed, immediate action shall be commenced by the County to obtain the release of said lien either by payment, settlement, court resolution, interpleader, title company indemnification or escrow deposit within sixty (60) days of filing of said lien. In the event that a judgment is taken against the leased premises which arise from the use of activity upon the leased premises by the County, the county shall discharge such judgment within sixty (60) days of the time said judgment becomes a final judgment against the leased premises. 7. Casualty Insurance or Indemnification Against Casualty Loss. The County shall purchase, pay for, or otherwise provide the city with sufficient indemnification for loss by fire or other hazard upon the premises, building, fixtures and appurtenances in the amount of no less than One Hundred Thousand Dollars ($100,000.00) to insure the full replacement cost of the premises, building, fixtures and appurtenances. In the event of any claim or loss due to an insurable event, payment of insurance proceeds shall be paid for the benefit of the City. A Certificate of Insurance and an Additional Insured Endorsement naming the City as an Additional Insured shall be delivered to the City, and thereafter immediately upon each renewal of this Memorandum of Understanding. 8. General Liability Insurance. Throughout the duration of this MOU, the County shall, at its sole cost and expense, keep in force for the mutual benefit of the County and the City, comprehensive broad form general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the use of the City’s property hereunder by the County, including but not limited to its’ agents, representatives, or employees. Such insurance shall provide coverage as follows: General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. A Certificate of Insurance and an Additional Insured Endorsement naming the City as an Additional Insured shall be delivered to the City, and thereafter immediately upon each renewal of this Memorandum of Understanding. 9. Waiver of Claims and Indemnity. Neither the City nor the City’s agents or servants shall be liable, and the County waives all claims for damage to persons or property sustained by the County or any occupant of the premises resulting from an accident occurring in or about the premises, resulting from the disrepair of any part of the premises or resulting from any act or neglect of any the County, occupant, or any other person, including the City’s agents or servants. This paragraph shall apply Regular Meeting –July 20, 2015 Page 12 especially, but not exclusively, to flooding of basements or other subsurface areas, damage caused by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage gas, odors, mold or noise, bursting or leaking pipes or plumbing fixtures or any equipment installed by the County. The County shall indemnify, defend, and hold the City, inclusive of all it officers, agents, and employees, harmless from and against all loss, costs, expense and liability whatsoever (including the City’s cost of defending against the foregoing, such costs to include attorney’s fees) resulting or occurring by reason of the County’s construction, use, possession, or occupancy of the premises The County agrees to cause to be included in the County’s policies of fire and extended coverage insurance, the agreement of the issuer thereof and said policies shall not be invalidated by a waiver of claim by the insured against the City; and the County shall furnish evidence thereof to the City. The county does hereby remise, release and discharge the City, and any officer, agent, employee, and representative of the City, of and from any liability whatsoever hereafter arising from loss, damage or injury caused by fire or other casualty for which insurance (permitting waiver of liability and containing a waiver of subrogation) is carried by the County at the time of such loss, damage or injury to the extent of any recovery by the County or the County’s insurer under such insurance. 10. Amendment. This MOU may only be amended by written agreement executed by the City and the County. 11. Assignment. The benefits and obligations of this MOU may not be assigned without the written consent of the other party, which may be withheld for any reason. 12. Notices. Any notice required under this MOU should be provided as follows: If to the City: If to the County: Amber L. Lapaich-Stalbrink Shaw R. Friedman Corporate Counsel Friedman & Associates, P.C. 100 E. Michigan Blvd. 709 Lincolnway Michigan City, Indiana 46360 LaPorte, Indiana 46350 219-879-1408, ext. 308 13. Signature in Counterpart. This MOU may be executed in any number of counterparts, each of which shall be deemed an original; but such counterparts shall together constitute one and the same instrument. 14. Authorship. No rule of construction requiring interpretation against the draftsman hereof shal apply in the interpretation of this MOU. 15. Headings. Descriptive headings in this Agreement are for convenience only and shall not affect the construction of this Agreement. 16. Third Parties. This MOU shall not be deemed to create any obligation to any party not a signatory hereto in any request. Nothing in this MOU shall be deemed to impose liability upon any party to this MOU for the acts or omissions of parties not signatory hereto except as explicitly provided for herein. 17. Authority to Execute. The signatories to this MOU acknowledge and certify that they have authority to execute this MOU on behalf of the City of Michigan City, Indiana and LaPorte County, Indiana respectively. Agreed this 20th day of July, 2015. City of Michigan City, Indiana County of La Porte, Indiana Board of Public Works & Safety Board of Commissions /s/ Stephen Janus /s/ David Decker President of the Board President of the Board Corporate Counsel Amber Lapaich addressed the Board explaining the MOU; the intent for use by the County for use with their Carpenter’s program; stating the LaPorte County Commissioners have approved the MOU and are asking the Board for their support of this. Vice-President Palmer made the motion to approve the Memorandum of Understanding between the City and the County for the use of 204 Willard Avenue in Michigan City. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Regular Meeting –July 20, 2015 Page 13 POLICY & PROCEDURE MANUAL – Approval of Section: Benefits, Policy: Military/Reserve Leave The following Policy & Procedure Manual update was presented to the Board: POLICY & PROCEDURE MANUAL Section: Benefit Program Policy: Military/Reserve Leave Policy No: 316 Effective: 1-1-04 Revised: 7-1-15 MILITARY/RESERVE LEAVE The City will abide by all the provisions of the Uniformed Service Employment and Re-Employment Act (USERRA) and will grant military leave to all eligible full-time and part-time employees. A military training leave of absence will be granted to employees, except those occupying temporary positions, to attend scheduled drills or training with the U.S. armed services. Pursuant to IC 10-16 -7-5, employees will be entitled to a paid leave of absence for their duty not to exceed 15 work days per calendar year to attend scheduled drills or training. Any military leave in excess of 15 work days will be unpaid. However, employees may use any available vacation or personal days for the absence. Within this paragraph, a work day is defined as an eight hour period of regularly scheduled activity, thus. Limiting an employee to a maximum of 120 hours of paid leave each calendar year. Military leave may be granted to full-time and part-time employees who are called to active duty at a time of war of national crisis, as declared by Executive Order, for a period of four (4) years plus a one-year voluntary extension of active duty (5 years total), if this is at the request and for the convenience of the United States Government. Compensation for employees called to active duty will be the difference between their straight time base rate of pay and the compensation they receive from the military, limited to a period not to exceed twenty- four (24) months. As with any leave of absence, employees must provide advance notice to their supervisor of their intent to take military leave and must provide appropriate documentation. An employee’s salary will not continue during a military leave, unless required by law. However, employees may request to use any accrued vacation. Insurance benefit coverage will continue for 31 days as long as employees pay their normal portion of the cost of benefits. For leave lasting longer than 31 days, employees will be eligible to continue health benefits under COBRA and will be required to pay 102% of the total cost of their health benefits if they wish to continue benefits. Upon return from military leave, employees will be reinstated with the same seniority, pay, status, and benefit rights that they would have had if they had worked continuously. For leaves of more than 180 days, employees must re-apply for employment within ninety (90) days of discharge from the military. For leaves of 31 to 180 days, employees must apply for reemployment the next full workday, plus eight (8) hours for safe travel. Employees who fail to report to work within the prescribed time after completion of military service will be considered to have voluntarily terminated their employment. Page 1 of 1 Corporate Counsel Amber Lapaich addressed the Board explaining the proposed modification of the City Employee Policy & Procedure Manual; asking the Board for their approval. Virginia Keating made the motion to approve the Military Reserve Leave as presented. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. RESOLUTION – Approving the Sale of 6000 S. Cleveland Avenue to the Michigan City Redevelopment Commission Regular Meeting –July 20, 2015 Page 14 The following Resolution was presented to the Board: MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. _________ APPROVING THE SALE OF 6000 S. CLEVELAND AVENUE TO THE MICHIGAN CITY REDEVELOPMENT COMMISSION WHEREAS, The Michigan City Redevelopment Commission (the “Commission”) governing body of the City of Michigan City Department of Redevelopment (the “Department”) and the Redevelopment District of the City of Michigan City, Indiana (the “Redevelopment District”), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in I.C. 36-7-14, as amended from time to time (the “Act”); and WHEREAS, the City of Michigan City (the “City”) currently holds title to a certain parcel of real estate commonly known as 6000 S. Cleveland Avenue, Michigan City, Indiana (the “Cleveland Avenue Property”) consisting of one (1) district parcel with an identification number of 460504376013000009; and WHEREAS, the City desires to sell the Cleveland Avenue Property to the Commission for good and valuable consideration; and WHEREAS, the City and the Commission have mutually concluded and agreed that the purchase price for the Cleveland Avenue Property shall be Two Hundred Fifty Thousand Dollars ($250,000.00), same of which is based on a de minimis deviation of the appraised value pursuant to an appraisal completed by LaPorte County Appraisal Services and Heritage Appraisal Services; and WHEREAS, pursuant to I.C. 36-7-14-11, it is the duty of the Commission to promote the use of land within its jurisdiction in a manner that best serves the interests of the City and its inhabitants, and to such end, select and acquire those areas needing redevelopment; and WHEREAS, as set for the in I.C. 36-7-14-12.2 (a)(1), the Commission is empowered and authorized to acquire by purchase; any interest in real property needed for the redevelopment of areas so needing redevelopment, which may be located within the corporate boundaries of the unit; and WHEREAS, the Commission has heretofore investigated, studied, and surveyed that area within which the Cleveland Avenue Property is situated, and concluded that such property is integral and essential to the overall redevelopment plans of the surrounding area; and WHEREAS, pursuant to I.C. 36-1-11-8, the City and the Commission may effect the transfer or sale of real estate such as the Cleveland Avenue Property pursuant to any terms or conditions, as well as for any amount of consideration which may be mutually agreed upon by the entities. NOW, THEREFORE, BE IT RESOLVED BY THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY AS FOLLOWS: 1. The aforementioned “Whereas” sentences are incorporated herein as if fully set forth herein. 2. The Michigan City Board of Public Works and Safety (the “Board”) hereby finds and determines that the Commission’s acquisition of the Cleveland Avenue Property will be of public utility and benefit, and will be consistent with, and in furtherance of the general plan and intent of redevelopment of property situated in the downtown area of Michigan City. 3. The Board hereby finds and determines that the Cleveland Avenue Property should be sold to the Commission for the mutually agreed price of Two Hundred Fifty Thousand Dollars ($250,000.00). 4. The Board further finds and determines that its President is hereby authorized to execute any and all documents or otherwise engage in any action necessary to conclude all transactions required to effect the sale and transfer of title of the Cleveland Avenue Property to the Commission Adopted by the Board of Public Works & Safety of the City of Michigan City, Indiana by a vote of _______ this _____ day of _________, 2015. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and City Planner Craig Phillips regarding the Resolution and TABLING it until such time as the County separates the Fire Station on a separate parcel identification number. Corporate Counsel Regular Meeting –July 20, 2015 Page 15 Lapaich advised at the present time the vacant lot on the west of Cleveland and also the Fire Station are under the same parcel identification number, and she is asking Real Estate to separate it so that the actual structure/building/fire station has its own parcel identification; furthering explaining she wants to make sure this would not need to be amended in the future, and that Redevelopment has already passed their Resolution regarding the purchase of this property. Counsel Lapaich advised if unable to separate the parcels she would clarify this by attaching the new legal description so that there is absolutely no confusion as to the City is only selling the vacant lot. Further discussion ensued between Corporate Counsel Lapaich and City Planner Craig Phillips with regards to the legal description just referencing the parcel that is affected. Counsel Lapaich stated she does not reference the legal description in this Resolution. Mr. Phillips advised the Redevelopment Commission/Planning Department has the legal description. Counsel Lapaich explained the Resolution needs to be amended slightly. More discussion continued between Counsel Lapaich and Mr. Phillips regarding the Resolution being ready for the August 3, 2015 meeting. Counsel Lapaich advised that it should be ready then. CHANGE ORDER – Charles Peller, City Engineer, for paving area around Fire Training Center off Hitchcock Charles “Spike” Peller, City Engineer, addressed the Board explaining Mayor Meer and Fire Chief Randy Novak have requested that the area around the Fire Training Center be paved; referencing the cost for this as provided by Haas & Associates of approximately $78,877.89. Mr. Peller advised that there were some items that were not included in the original contract with Rieth-Riley Construction Co., Inc. Mr. Peller requested that the Board approve this change order. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. Peller regarding funding for the project coming from the 2015 paving and sidewalk program. Mr. Peller stated that it is his understanding that this is Sanitary District property. Vice-President Palmer made the motion to approve Change Order No. 2 for the paving of the Fire Training Facility parking area in the amount of $78,877.89. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Chris Schwanke, Councilman 6th Ward, addressed the Board advising he whole-heartedly supports the Fire Department, but the Fire Training Facility was bought/built with a Federal Grant and he would like to see the City at least explore that option to see if there is any Federal funding available to improve the facility. Councilman Schwanke acknowledged the Fire Department working closely with the Michigan City Area Schools with their Fire Science program and this building may be utilized as part of the school program, which is a very positive thing, but the City really should look at other ways of funding this project; advising he spoke with Council Attorney Jim Meyer who said this is not the correct way to fund this project as the monies being looked into funding this project is money dedicated to streets and sidewalks within the City of Michigan City, not for private parking lots for the Sanitary District Regular Meeting –July 20, 2015 Page 16 or for other City properties; further advising it should be funded in different way, possibly with an additional appropriation out of the Blue Chip fund or Redevelopment fund. Councilman Schwanke requested this matter be placed on hold pending further review; and that the City Council isn’t against fixing the facility or improving the facility in any way/shape/or form as that is a very positive thing to do, but thinks the funding mechanism that they are trying to utilize here is totally incorrect as confirmed by the Council Attorney Jim Meyer. Councilman Schwanke reiterated that there are several other ways to fund this project; not through streets and sidewalks which is for the City residents. Councilman Schwanke further advised that this money could be cut yet in the 2015 budget due to budgetary constraints. Councilman Schwanke stated he would rather have jobs than have pavement at the Fire Training Facility; however he does support the Fire Department; recommending the Board TABLE the matter at this time, and that he would be glad to work with the Fire Department to find another funding source for this project. Corporate Counsel Amber Lapaich addressed the Board stating she would be happy to contact Council Attorney Jim Meyer and discuss what his concerns are with the funding source if this Board so choses to TABLE this matter. Vice-President Palmer withdrew his previous motion. Virginia Keating withdrew her second to the motion. Randy Novak, Fire Chief, Michigan City Fire Department, addressed the Board stating he is not disputing where the money should come from; advising there was a matching grant through the State of Indiana for $200,000.00 to help start the Fire Training Facility, and that the Fire Department is pursuing all kinds of grants to help this facility, but paving is very hard to get done in a grant and that’s why they pursued this avenue. Craig Phillips, City Planner addressed the Board advising the property is not in a TIF district. Vice-President Palmer made the motion to TABLE this until Corporate Counsel Lapaich has had the opportunity to speak with City Council Attorney Jim Meyer regarding the matter; and the item will be placed on the Board’s pending list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Vice-President Palmer addressed President Janus stating just as a “point of order”, the Resolution for the Sale on Cleveland that the Board TABLED needs to have a motion to TABLE. Corporate Counsel Amber Lapaich advised the Board that that was correct. Vice-President Palmer made the motion to TABLE the Resolution for the Sale of the property on S. Cleveland Avenue. 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 ROAD CLOSURE – Jim Micheals, Asst. Supt. of Collection, M.C. Sanitary District requests the closure of Mayfield Drive at Tryon Road for storm sewer repairs The following correspondence was received in the City Clerk’s Office on July 16, 2015 from Jim Micheals, Asst. Supt. of Collection, MC Sanitary District: Regular Meeting –July 20, 2015 Page 17 Type of Request: Road Closure Request to close Mayfield Drive at Tryon Road to perform storm sewer repairs Anticipated closure for one day only Jim Micheals, M.C. Sanitary District addressed the Board explaining the request; asking for approval. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and City Planner Craig Phillips regarding the City never fully accepting that street and what jurisdiction issues that brings. Mr. Phillips explained the developer never finished the street to the City’s specifications and the top coat was never applied, and therefore it is not officially a city street. Corporate Counsel Lapaich advised the Board that they have no jurisdiction to make a motion to close the road. Mr. Phillips stated that the Sanitary District would have to work with the private owner, and he is unsure of who that is. Chris Schwanke, Councilman 6th Ward, addressed the Board stating that development has been through many, many, many different developers and investors and banks; that the road will probably never be top coated; asking if the Board and City Engineer could see about putting down the top coat; the road does not get plowed because it’s not been accepted; that with the culvert repair the $100,000.00 to pave a parking lot might be better spent paving this road and accepting it into the City as it will probably never be completed by a developer; asking the Board to look at that. President Janus addressed City Engineer Charles “Spike” Peller with regards to looking at the road. Mr. Peller advised he has looked at this road many times, and the developer would need to put down the top coat and may need to redo the base coat as it is in bad shape. Further discussion ensued between the Board and Mr. Phillips regarding the subdivision and roads therein. Mr. Phillips explained the subdivision and roads were put in when the City did not require a “surety” or any kind of guarantee for subdivisions; and that the Subdivision Ordinance has been updated to include a “surety” or a financial guarantee for any subdivisions that are approved by the City going forward since 2011. Discussion continued between the Board, Mr. Phillips and Mr. Peller regarding ownership of the road; the County not knowing who owns it; the Board not being able to do anything at this time; and the Board looking to see what they can do with regards to the road legally. Corporate Counsel Lapaich advised it has to be a dedicated public right-of-way before the Board has jurisdiction for improvement on it. President Janus advised Mr. Micheals that the Board has no jurisdiction, so he is on his own. Regular Meeting –July 20, 2015 Page 18 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 10 07/09/2015 $455,215.11 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 3 07/16/2015 $834,394.72 1 of 1 07/22/2015 $46,066.38 UNFINISHED BUSINESS – Pending Items Pending Item - 111 Franklin Street Craig Phillips, Planning Director, advised the Board that the City is now mowing the grass; he has had no communication whatsoever with the property owner; and believes this will be before the Board for discussion in August; he will reach out to the developer one more time for an update as they have received their State Design approval at the end of June; asking that the Board officially request the owners presence at the next Board meeting. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. Phillips regarding bringing this matter back before the Board as there is no pending Repair Orders or Hearing. Corporate Counsel Lapaich advised this Board does not have jurisdiction at this time. Mr. Phillips stated he will make one more attempt to communicate with the owner and if he does not receive anything substantial or any progress is being made then he will be back before the Board with an Order to Repair. Pending Item – Roeske & Michigan Blvd. car lot Craig Phillips, City Planner, advised the Board they could remove this item from the Pending Item list. Regular Meeting –July 20, 2015 Page 19 Vice-President Palmer made the motion to remove the Roeske Ave & Michigan Blvd car lot from the Pending Item list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Pending Item – Zoological Society Craig Phillips, City Planner, stated they are still trying to decide what they want to do with regard to the Zoological Society request on the property on Peru Street; nothing new to report. Pending Item – Two-way street conversion project Craig Phillips, City Planner, stated they are in the process of trying to schedule a workshop regarding the design north of US Hwy 12; hoping for this week, but they have notification requirements that have to be adhered to; and he will keep the Board informed. Pending Item – 1720 Franklin Street, Panini Panini requests bike racks and garbage cans Craig Phillips, City Planner, stated the bike racks are going in this week; one (1) of the garbage cans has been installed already; advising this could be taken off the Pending Item list. Vice-President Palmer made the motion to remove 1720 Franklin Street from the Pending Item list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Pending Item – Crave LLC, 1701 Franklin Street Craig Phillips, City Planner, stating he meet with Crave LLC last week and approved their design and he will go back to re-inspect to make sure once it is installed that it’s compliant with the Board of Public Works and Safety policy. Corporate Counsel Amber Lapaich advised the Board that she has drafted the Indemnification Agreement that needs to be signed as well. Discussion ensued between Counsel Lapaich and Mr. Phillips regarding the owners of Crave LLC needing to present their Certificate of Liability Insurance and sign the Indemnification Agreement. Mr. Phillips reiterated that he has approved the design and placement as requested by Crave LLC. Corporate Counsel Lapaich advised that Crave LLC needs to submit a signed Indemnification Agreement and Certificate of Liability Insurance which needs to be filed in the City Clerk’s Office. Counsel Lapaich stated that a formal letter needs to be sent to the owner that the Planning Director has approved conditioned of your submission of Certificate of Liability Insurance and Indemnification Agreement. Regular Meeting –July 20, 2015 Page 20 Further discussion ensued between the Board and Mr. Phillips regarding the outdoor dining taking place at this time. Mr. Phillips stated they are not utilizing the outdoor dining at this time as they are still waiting to receive State Excise Police approval for their design as well, as their floor plan was also submitted to the State Excise. Pending Item – Wells Chair Craig Phillips, City Planner stated there is nothing new to report on this. Pending Item – Sinking/receding property at northwest corner of Franklin & 7th Street Russ Hatfield, Code Enforcement Officer stated he did leave a message for Mr. Lake last week to contact him regarding getting something done to make sure this is safe for pedestrians and also to keep it from undermining the sidewalk. Mr. Hatfield advised that Mr. Lake sent him a text message on Friday saying he would not be able to attend this meeting as he is out of town; not saying if he would address the issue. Mr. Hatfield stated the only thing they could do from here is issue an Emergency Order to Repair, and put up some snow fence for the time being. Craig Phillips, City Planner, stated they are concerned about the safety of the public especially adjacent to the sidewalk on both 7th Street and Franklin Street; further advising they want to issue an Emergency Order to Repair so they can place some security fence/snow fencing, and they are working with the Central Services Department on that; and that he would like to proceed with the process for Order to Repair on this property with Mr. Lake. Pending Item – Wells Chair building Russ Hatfield, Code Enforcement Officer addressed the Board asking that this item be removed from the Pending Item list until it can be addressed through the South Gateway Project. Vice-President Palmer made the motion to remove the Wells Chair building from the Pending Item list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Pending Item – 1214 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board stating Terry Borolov of the Inspection Department did go out and grab a couple of pictures of that this morning, and it is looking considerably better; requesting that the Board allow Mr. Karallas thirty (30) more days and see how much more progress he makes. President Janus stated the Hearing on that property is re-opened at this time; and Code Enforcement has requested a thirty (30) day extension. Mr. Karallas addressed the Board asking what the Board wanted accomplished in that thirty (30) days. Regular Meeting –July 20, 2015 Page 21 Mr. Hatfield stated whatever was on his (Mr. Karallas) list to keep the project moving forward. Mr. Karallas reported that the siding and windows are all up except one door; requesting to raise the roof on the garage to allow adequate space for parking cars/trucks/trailers inside, which would take him a couple of months, but the main building will be completed within a week as it is just the one (1) door, and he will be putting in a deck. Discussion ensued between the Board, Mr. Hatfield and Mr. Karallas regarding the roof for the garage. Mr. Hatfield explained that taller walls would need to be put up with a different rafter design, and he would need to check the height requirements for zoning issues in that area as there are height restrictions for secondary structures and would only need to go before the Zoning Board of Appeals for a variance if he goes higher than Zoning allows. President Janus advised the Board will continue the Hearing until the August 17, 2015 meeting, and will see where the project is at, which gives him thirty (30) days to continue working on it. Vice-President Palmer addressed Mr. Karallas regarding keeping the trash taken care of. Mrs. Trudy Karallas addressed the Board requesting a trash receptacle be place somewhere near the street corner of Combs Street and Michigan Boulevard, as there is a large amount of trash that is being left in the area by patrons of the gas station across the street and the convenience that moved in just east of their property, to help keep the area clean. Mr. Hatfield stated there is a huge littering problem there with the proximity of the store and higher volume of traffic. President Janus stated they will look into doing that. Vice-President Palmer made the motion to continue the Hearing until the August 17, 2015 for a progress report. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Pending Item -1120 Elston St. Russ Hatfield, Code Enforcement Officer, stated he is still researching what he can do here; further stating he would like to get this addressed before the second meeting next month. Pending Item – 1204 W. 7th St. Russ Hatfield, Code Enforcement Officer, stated hopefully this can be addressed under the Property Maintenance Ordinance. Pending Item – 1125 W. 8th Street Russ Hatfield, Code Enforcement Officer stated this will be before the Board next month for a demolition hearing. Regular Meeting –July 20, 2015 Page 22 Pending Item – 701 Union Street Russ Hatfield, Code Enforcement Officer, stated this was approved for demolition today; advising this could be removed from the list. Vice-President Palmer made the motion to remove 701 Union Street from the Pending Item list due to actions taken by the Board at today’s meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Pending Item – Old Chrysler building on Michigan Boulevard Russ Hatfield, Code Enforcement Officer, stated they will continue to monitor the property. Discussion ensued between the Board and Mr. Hatfield regarding a demolition that is taking place across the street on 11th Street. Mr. Hatfield stated this is a voluntary demolition. Pending Item – 915 Green Russ Hatfield, Code Enforcement Officer, stated he would like to keep this on hold for the time being. Pending Item – 228 W. Coolspring Avenue Russ Hatfield, Code Enforcement Officer, advised this could be removed from the Pending Item list as it was approved for demolition today. Vice-President Palmer made the motion to remove 228 W. Coolspring Avenue from the Pending Item list due to the actions taken at today’s meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Discussion ensued between the Board members and Mr. Hatfield regarding the removal of the item from the Pending Item list. Mr. Hatfield advised the Board that the owner’s daughter, Joann Garwick, would be doing a voluntary demolition of the structures. Discussion continued between the Board members, Corporate Counsel Amber Lapaich and Mr. Hatfield regarding the matter/hearing being carried over for thirty (30) days; and that the item would be on the Pending Item list as a continuation of the Hearing. Mr. Hatfield advised that he would continue to monitor the site and will assist Mrs. Garwick any way he can in getting the demolition done. Vice-President Palmer addressed the Board and Mr. Hatfield with regards to the eyesore at Woodland Avenue and Michigan Boulevard (Dave’s Auto Clinic); stating there are approximately thirty (30) vehicles there. Mr. Hatfield stated he did stop and speak with Dave, the owner, about this; explaining that some of the vehicles are being held under “mechanics liens” and is in the process of getting rid of those; there are some there that Regular Meeting –July 20, 2015 Page 23 customers are not paying for; and the owner, Dave, is going to start working on making it look a little more organized. Discussion ensued between the Board members and Mr. Hatfield regarding some of the vehicles not being plated and that being a violation. Mr. Hatfield stated there are different restrictions for car lots and auto repair shops. Mr. Hatfield further stated he will work with the owner. President Janus advised Mr. Hatfield that the Mayor is interested in getting more of the blighted structures down that are in the TIF District. Mr. Hatfield stated he gave quite a lengthy list to the Redevelopment Commission. Pending Item – Martha Maust, 418 E. 8th Street-request for speed bump Charles “Spike” Peller, City Engineer, addressed the Board stating he looked at the 8th Street request and of course a “speed bump” is out of the question; that he thought about limiting truck traffic, but it is a minor arterial road and so he doesn’t think that’s a logical solution. Mr. Peller further explained that the only possibility might be to make 8th & Cedar Streets a 4-way stop, which he does not like this idea; asking that the M.C.P.D. Traffic Division make a recommendation for that, but that is the only possibility he see for trying to alleviate the speed in that area. President Janus addressed Sgt. Ken Havlin of the M.C.P.D. Traffic Division asking if a traffic counter/speed trailer was placed there. Sgt. Ken Havlin addressed the Board stating the speed trailer was out in that area for the last week and a half; there were no real violations, and that actual device was designed to monitor traffic and do an actual count, but the gentleman who used to run that is no longer employed with the City, so he is unsure on how that device actually works. Discussion ensued between Board members regarding their concerns with the placement of a 4-way stop sign; the redesign of the Elston Grove neighborhood. Craig Phillips, City Planner, addressed the Board stating the use of the decorative stone along 8th Street is considered a traffic calming device meant to slow traffic down; the street was widened by 2 feet when it was re-done during the Elston Grove project; and is a Federally designated roadway within the City, and doesn’t believe the City wants to lose that status. Mr. Phillips stated he honestly doesn’t know what to do with this one. President Janus stated he noticed that 7th Street has not Stop signs on it either. Mr. Peller recommended the City do nothing at this time. Mr. Phillips stated they could look at extending the “bump outs” at the intersection that appears to be more of a traffic calming technique, but having just re-done the street it just doesn’t seem like the best use of City funding at this point. Vice-President Palmer made the motion to remove this item from the Pending Item list and send Mrs. Maust a letter stating that at this time the Board will continue to monitor the area, but there is nothing else the Board can do. The motion was seconded by Virginia Keating Regular Meeting –July 20, 2015 Page 24 and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. PUBLIC COMMENTS David Ashley, local Pastor and President of the Northwestern Indiana Minister Conference and Board Attorney Kim Kiner addressed the Board regarding an event this Saturday at Ames Field; stating they have already gotten permission to utilize the facility; asking if they needed an event permit in order to have sound/band at the event along with food and beverages. Corporate Counsel Amber Lapaich addressed Pastor Ashley stating the City does not have a permit requirement. Craig Phillips, City Planner, addressed the Board and Pastor Ashley advising they would need to contact the State of Indiana for an event permit. Discussion ensued between the Board, Corporate Counsel Lapaich and Mr. Phillips regarding who at the State level would need to be contact for the event permit. Mr. Phillips advised they could go to the web page of IN.gov and click on Department of Homeland Security, division of Fire Safety services. President Janus asked if there was anyone else from the public who wished to speak at this time. Terry McGunnis, 30 Marine Drive, addressed the Board stating she is one of the owners of McGunnis Pub on 7th Street; advising present with her was Mr. Ibrahim who owns lots across the street from her. Ms. McGunnis explained there has been a parking problem in this area for a long time; specifically the parking along the south side of 7th Street across from her business where there was a curb cut put in by the City that isn’t being utilized, which takes 2 parking spaces, where the previous owner said he would put a parking lot and never did; subsequently the property was sold to Mr. Ibrahim. Ms. McGunnis continued to explain that all the businesses along 7th Street are losing those 2 parking spaces; that her employees are required to park on a lot further down on Wabash Street; that Mr. Ibrahim has agreed to allow McGunnis Pub to use his lot across the street for parking. Ms. McGunnis stated they were informed that they could not park on these lots as they are not legal parking spots; reiterating 2 spots are lots with the driveway to nowhere; asking, and Mr. Ibrahim is in agreement with this, to temporarily vacate that driveway until such time as the owner/developer needs it. Ms. McGunnis expressed how busy the parking is in this area; and now her employees aren’t allowed to park on the lot along Wabash Street that they own as it is not a legal parking lot. Discussion ensued between the Board and Craig Phillips, City Planner regarding the request. Mr. Phillips stated he has no objection to that as the owner is saying he has no immediate intention to develop the property. Abdou Ibrahim, Michigan City, stated he has no objection to the signs being removed as long as it’s temporary until he is ready to develop the property, and at that time he would like the signs reinstated. Regular Meeting –July 20, 2015 Page 25 Vice-President Palmer made the motion to remove the 2 signs that prohibit parking in front of the 2 parking spots, as well as paint over the yellow curb, until the property owner decides to develop the property. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Ms. McGunnis addressed the Board regarding a “special use” permit for parking on grass for special events; asking what the procedure is for that, as there are a couple of dates that, with Mr. Ibrahim’s agreement, that McGunnis Pub could possibly park on his lots and their lot; the event dates would be September 19th, March 12th & 17th. Craig Phillips, City Planner, addressed the Board and Ms. McGunnis stating it is not the jurisdiction of the Board of Public Works and Safety as it is private property; it would be a Board of Zoning Appeals request. Mr. Phillips explained that the use, even for temporary purposes, of private property for the purpose of parking without a primary use on the property is an issue to be taken up with the Board of Zoning Appeals. Corporate Counsel Amber Lapaich stated there are no ordinances or regulations on this issue; and concurs with Mr. Phillips. Mr. Phillips advised the Board that the Planning Department is near the completion of a parking study for the entire downtown/uptown arts district area. Mr. Phillips explained the current parking situations/problems in the downtown area; and the owner would need to go before the Board of Zoning Appeals. Further discussion ensued between Mr. Phillips and Ms. McGunnis regarding the special use for parking in public lots and private property; and what the Board of Public Works and Safety governs and what the Board of Zoning Appeals handles. Ms. McGunnis addressed the Board regarding the two (2) fifteen (15) minute only parking spots across the street from her business that are empty all the time; stating the only person/business that benefits on 7th Street is Lange’s Meat Market. Ms. McGunnis stated that she spoke with Mayor Meer who advised her when the spots where put in they were temporary; advising that during the months of January, February and half of March that business is closed, as well as every Monday when that business is closed; further stating those 2 spots are not the best use for the City; they are the only 2 special spots in the City besides handicap parking; asking if this was for a temporary use why wasn’t it only 1 spot. Ms. McGunnis advised those 2 spots are not used; asking that the 15 minutes be reconsidered and brought down to just 1 spot or gotten rid of completely because it’s really special use for just that 1 business. Discussion ensued between the Board, Mr. Phillips and Ms. McGunnis regarding when the temporary 15 minute parking was installed; who requested the 15 minute parking spots; parking solutions that were offered to the owner of Lange’s Meat Market, who chose not to provide those parking spaces on his private property due to the City requirements that the spaces be paved on the east side of his building. President Janus stated the Board will look into it/take it under advisement, and re-visit the matter. President Janus asked if there was anyone else from the public who wished to speak. There was no response. Regular Meeting –July 20, 2015 Page 26 BOARD COMMENTS President Janus asked if there were any Board comments. Vice-President Palmer addressed the Board and the public to remind them that the South Shore has started closing down the streets along 11th Street at the crossings at Tennessee, Ohio, Elston and Wabash Streets are closed; with Washington Street remaining open until August 5th, 2015; for the next 2 months. President Janus addressed the Board and the Planning Department regarding building permit expirations; and grandfathered permits. Craig Phillips, City Planner, addressed the Board stating the Planning and Inspection Departments will send out letters to all permit holders where action has not taken place within that year time frame; stating there is nothing that can be done for the permits that were grandfathered. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. Phillips regarding the outstanding permits. Counsel Lapaich advised she will double check the ordinance. Mr. Phillips explained that State law changed; advising the Board of those changes. President Janus addressed the Board regarding there being no Ordinance on the number of garage sales a person can have. Corporate Counsel Amber Lapaich advised the Board the City does have an Ordinance regarding the number of garage sales a person can have; there have been some provisions of it such as the permit requirement that the Mayor has temporarily suspended, but the regulations that govern having a garage sale for more than three (3) consecutive days, four (4) times a year are still in effect/valid. 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 11:15 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