Board of Public Works & Safety

REGULAR MEETING – September 8, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, September 8, 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 Charles “Spike” Peller, City Engineer Capt. Steve Jesse, M.C.P.D. Traffic Division Craig Phillips, City Planner Arber Himaj, Engineer M.C. Sanitary District Chief Mark Swistek, M.C. Police Department Chief Randy Novak, M.C. Fire Department Andy Matanic, Information Technology Director Judy Pinkston, Community Development Director 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 August 17, 2015, and Special Meeting of August 21, 2015. Vice-President Palmer made the motion to approve the minutes as presented of the August 17, 2015 Regular Meeting and the Special Meeting of August 21, 2015. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. MEMORANDUM OF UNDERSTANDING BETWEEN MCAS AND BOARD OF WORKS Corporate Counsel Amber Lapaich addressed the board that this is a Memorandum of Understanding between the Michigan City Area Schools and the City of Michigan City. Fire Chief Randy Novak is also present in case the board would have any questions. Ms. Lapaich was instrumental in assisting Fire Chief Randy Novak’s department in putting together this MOU. This is so the City can assist the Michigan City Area Schools, A.K. Smith Center in providing a Fire Science program for the kids. This MOU recites all the terms and conditions of doing this Fire Science program this year. All the insurance requirements have been hammered out. It was noted that the School System has already executed this document. Vice-President Palmer stated that he appreciates this being introduced to children in the schools, to start them young so those that want to be a Regular Meeting – September 8, 2015 Page 2 firefighter can. This is wonderful because the city is constantly hiring from out of state and just loves to see the City’s own people get these jobs. Fire Chief Randy Novak addressed the board stating it was one of the reasons why the department is helping. This was one of the programs that started before Chief Novak’s administration so he does not take credit for this and give credit to those that did. The School System ran into some issues this year so that is why the Fire Department stepped up with an instructor to make sure this happened this year. It is critical because there are 11 or 12 students in the class and they are very excited and energetic. So far things are going very well. Vice-President Palmer made a motion to approve the Memorandum of Understanding between the Board of Public Works and Safety and the Michigan City Area Schools and Firefighters. 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 FOR MCHS ANNUAL HOMECOMING PARADE President Janus stated Michigan City High School student council would like to close Ripley St. and Franklin St. for the Annual Homecoming Parade on Friday, September 18, 2015. Capt. Steve Jesse with the MCPD Traffic Division stated they have no issues with this request. Vice-President Palmer stated this is an annual event, there has not been any issues, and they have provided the Certificate of Liability. Vice-President Palmer made a motion to approve this request for MCHS to hold their homecoming parade on Friday, September 18, 2015 at 6:00 pm and closing of Ripley St. and Franklin St. to Ames Field. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST FOR HANDICAP ACCESS ON PARKWAY- 626 LAKESHORE DR. Cathy Clayton, 626 Lakeshore Dr. addressed the board stating that her husband is now totally wheelchair bound and it would be the only year round access into their property. They are requesting the amount of space it would take to park their car close to the entrance gate. President Janus asked if they would do the paving, Mrs. Clayton stated yes, that she already has an estimate and they are waiting for the Board’s approval. Spike Peller the City Engineer stated he did go out and looked at this situation. Mr. Peller has no problems with the request. Vice-President Palmer asked if there would be a Handicap Parking Sign installed since this will be on public property. Mr. Peller stated yes, Mrs. Clayton can apply for one and instructed her that to do this, she had to go to Central Services. Capt. Jesse with MCPD Traffic then addressed the board asking that during the summer time, they have a lot of issues with parking, people putting cones down to save spots and so forth. Is there going to be some way that this spot is going to be only hers? Corporate Counsel Amber Lapaich stated if the Claytons get the Handicap sign through Central Services, they will get a permit number assigned to it. Spike Peller explained to Mrs. Clayton that if she goes to Central Services, they will get a sign that goes next to the parking space with a number that only allows their car to park there. Capt. Jesse stated that was his only issue, other handicap people will try to park on there, he understands that they won’t have the number to match the sign, and this could be an issue because parking is a premium down there. Mr. Peller stated the new Handicap Parking procedure is and of course there is Handicap Parking throughout the City that is designated for anyone with a Handicap license or sticker. There is Regular Meeting – September 8, 2015 Page 3 also Handicap Parking through Central Services that gives individuals a spot for their car, so there is actually two kinds of Handicap Parking that is available. Virginia Keating made a motion to approve the request for the Handicap access on the parkway in the area of Colfax Ave to service the residence at 626 Lakeshore Dr. and also to install a Handicap Parking Sign that would match that spot. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST TO MOVE SCULPTURES Tim Haas representing the Michigan City Public Art Committee addressed the Board stating because of the Wabash Street construction there is a need to move the sculpture “Red Green” that is right there by the Post Office, between Hwy 12 and 4th Street on Wabash Street. The plan is to move this sculpture over to 8th Street and Michigan Blvd. at the Elston Grove Gateway. Then take the sculpture from the Gateway entry and move it to the sidewalk on the south side of City Hall adjacent to the Hwy 12 sidewalk. This would be on City Hall property. President Janus asked if this would be a permanent move for the sculptures. Mr. Haas stated both of these sculptures are leased so they will only be as permanent as the lease which expires a year from now. President Janus asked if there would be a sculpture on Wabash Street. Mr. Haas stated that Wabash will have two permanent sculptures, the Redevelopment Commission is funding as part of the Wabash Street Project. Vice-President Palmer asked if they had to have an agreement if they were putting a sculpture on City Hall Property. Ms. Lapaich stated no, in the MOU that Ms. Lapaich had drafted, the City has the ability to relocate the sculpture. The only obligation that the City would have is to notify the artist of where the new location is. Mr. Haas stated both the artists have been notified and agreed to the move. Mr. Haas stated that they are going to petition the Redevelopment Commission to help pay for the cost. Janet Smith, 402 E. 8th Street within the boundary of Elston Grove stated that she would like the sculpture left at the northwest corner of 8th Street upon entry. The reason being is he looks so much like Frank Lloyd Wright. It just fits there. Ms. Smith stated she cannot remember what the Red and Green looks like, but she would really like this one not to be moved, but added she has no vote in this. She did thank the City for putting Frank Lloyd Wright at their corner because it really does fit. She would like to have him back in a year if they could. Virginia Keating made a motion to approve the request to move “Red Green” sculpture from the 600 block of Wabash Street to the northwest corner of 8th Street and switch it with the sculpture that is currently at that location. That sculpture will be moved to the area in front of City Hall. The Art Committee is going to pay for this and is asking for help through the Redevelopment Commission. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS (0). Motion Carries. REQUEST TO INSTALL 4-WAY STOP SIGNS – 7TH & CEDAR, 8TH & CEDAR. Spike Peller the city engineer stated that 8th and Cedar St. was discussed before and at the time the recommendation was to do nothing. Since then Mr. Peller has had discussion with the Mayor and with Councilman Murphy and they have changed his mind. Part of this is because if this was a blank slate and a new subdivision, he would probably put 4-way stop signs at these two intersections. This is due to the movement of traffic and safety. Elston Regular Meeting – September 8, 2015 Page 4 Grove five year ago was somewhat run down. With the Redevelopments work that has been done in this subdivision and it has become a community. Mr. Peller highly recommends that the Board approve these 4-way stops at these two locations. Mr. Peller believes the Board has a letter from the Mayor that also request this. Capt. Jesse addressed the board that as Mr. Peller stated, the Board has gone through the 8th and Cedar one before, 7th and Cedar is a new one. There was just recently two accidents at 7th and Cedar within the last two weeks. There is a lot of people down there, they are getting a lot of traffic coming and going. With having said this, Capt. Jesse would confer with Mr. Peller with the recommendation. Janet Smith, 402 E. 8th St. on the northeast corner of the intersection they are talking about putting the stop sign. When Elston Grove was redesigned, they took away some of the property in front of Ms. Smith’s home. She stated she does not even have a curb at that intersection on the northeast corner. It is flat, cars drive across the grass, across the sidewalk and proceed north on Cedar Street. Ms. Smith agrees that they need something to deter the traffic movement on 8th Street. As Ms. Smith spoke to the Board last month, there are semi-trucks loaded sometimes with trailers on back going down 8th Street. There is no set time of day, they go day and night, east and west. It is a matter of what she believes probably delivering the merchandise to the outlet mall. It is very convenient to come up north on Michigan Blvd., turn left at that light onto 8th Street. Ms. Smith stated what she requested last month was the fact that they limit the semi-truck traffic between Hwy 35/Michigan Blvd. and Pine St. Because this is a residential neighborhood and there are a lot of adults and children that are walking in that area also. The old Central School is on the southwest corner of that intersection that also has a lot of traffic coming and going to it. There are a lot of programs there that involve children, Boys and Girls Club, Early School, a lot of committees and meetings afterwards for things in the afternoon and evening. It is a very busy corner. Granted, it needs something to deter the traffic. However, her fear now is if a stop sign there, and the semi-truck trailers are going to have to stop there and restart, it will make an increase in the noise. The noise already is horrendous having the bricks at the intersection. So the residents in that particular area are not really happy with that particular idea. Something is needed to deter the traffic, this may be the first move, but she is still pushing for a request to deter semi-truck trailer traffic between Michigan Blvd. and Pine Street, which is a residential area within Elston Grove. So if anything can be done to alleviate the traffic and the noise, the sound that this is going to be, it would be helpful. Spike Peller the City Engineer this particular route is an INDOT eligible road. That means that it is a classification that we can fund redevelopment with. If it is changed and take out the truck traffic then we can no longer do this. Mr. Peller does not recommend stopping all truck traffic, would lose a lot of financing. Martha Maust owner of property at 417, 418 and 420 E. 8th Street. Ms. Maust stated she was before the Board last month. She informed the Board about two accidents that happened on the front of her property on the north side. On the other side, she is trying to sell the property and she has already had people tell her they don’t want to move there because there was too much traffic. It is a residential neighborhood, there is no businesses in the neighborhood at all. She agrees with the idea of putting a stop sign there to deter traffic. There is a lot of children around the neighborhood and it is residential. For those of those that have made the investment in residential neighborhood, it is not just the City that made the investment. She would like to keep this as a residential neighborhood. Virginia Keating made a motion to approve the request to install 4-way stop signs at 7th and Cedar and also at 8th and Cedar Streets. The motion was seconded by Vice-President Regular Meeting – September 8, 2015 Page 5 Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. AGREEMENT FOR FACILITIES ELECTRIC SERVICE FOR THE NEW POLICE STATION President Janus asked if there was any discussion, none was noted. Vice-President Palmer made a motion they allow the President to sign the agreement with NIPSCO for the new Police Facilities on Michigan Blvd for service. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. I.T. NETWORK UPGRADE MICHIGAN CITY POLICE STATION & SANITARY DISTRICT Andrew Matanic, Information Technology Director. This agreement is to go ahead and install electric upgrades that are required to do the Information Technology Upgrades at both of the data centers in town. This electrical upgrade is going to be needed to install the new equipment as part of the IT Network Upgrade Appropriation. This is just a component in the upgrade process to enable IT to have the power they need at these locations to power up the new equipment. The quotes were the actual drawings and the information required for the electrical upgrades needed. It was sent out to three different companies and only one, Marquiss Electric, Inc. replied back. Mr. Matanic does have copies of the other two contractors saying they did receive the information, but they did not submit any type of quote back. From the engineer, Lake Effect Engineering, Ms. Weber who designed all this, the price she estimated was around $15,000.00 between the two locations. Marquiss Electric came back with a little over $13,000.00 so it was right in line with what the engineer thought. Mr. Matanic was just before the Board today to ask for the approval to proceed with Marquiss Electric to do the necessary upgrades to the electrical systems at both of these locations. This would be coming out of the Appropriation money and in order to keep cost down reusing some equipment that is already in place, therefore not having to go out and purchase a new transfer switches, boxes and panels. Vice-President Palmer made a motion to approve the request from Andy Matanic to connect the electric to uninterruptible power supplies in data centers in the Police Station and Sanitary District, with the MCPD the cost is $11,339.00 and the Sanitary District the cost is $2,070.00 to be paid out of the funds that is already appropriated. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST TO SOLICIT BIDS FOR PHASE 2 OF THE 2015 PAVING PROGRAM Spike Peller the City Engineer, requesting the solicitation and receiving of bids for Phase 2 of the streets and alleys program. These contract documents can be obtained tomorrow at Global Engineer’s office, 601 Franklin St. Suite 407 in Michigan City. The cost would be $25.00 per set. The sealed proposals will be received by the City of Michigan City by and through, it’s a Board of Public Works and Safety at the office of the City Clerk in City Hall, 100 E. Michigan Blvd., Michigan City, IN until 3:00 PM local time September 23, 2015 and then they will be publicly read aloud at the Special Meeting of the Board on September 23, 2015. President Janus stated in that regard, he calls a Special Meeting for September 23, 2015 at 3:00 PM. Vice-President Palmer if this was already done, that the last time there was a special meeting that there was going to be a Phase 2? Mr. Peller responded that the last special meeting was a Change Order to Rieth-Riley’s present contract, basically added 18% to their existing contract, there is still money available in this program and can’t go over Regular Meeting – September 8, 2015 Page 6 the 20% therefore are processing a new bid packet and solicitation. These are not the same streets provided to the Board last time, these are different streets and sidewalks. Vice-President Palmer made a motion to allow the City Engineer to solicit bids for Phase 2 of the 2015 Paving Program. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. CLAIMS AND PAYROLL Vice-President Palmer moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by 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 8 08/21/2015 $431,989.92 1 of 9 09/04/2015 $398,133.47 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 09/03/2015 $151,343.32 1 of 1 09/10/2015 $82,480.62 UNFINISHED BUSINESS – Pending Items Pending Item – Memorandum for Special Summer Events Corporate Counsel Amber Lapaich stated there is nothing new to report, she is still working on this at this time. Pending Item – Zoological Society request for 2 city owned lots Corporate Counsel Amber Lapaich would like to tell the Board that the Zoological Society request for the two city owned lots to plant the apple trees, pear trees and sun flowers, please move to her list. Ms. Lapaich has drafted a license and profit agreement and sent it to the Zoological Society to Mr. Stimley last week. She believes the Zoological Society is meeting tonight to review this. Hopefully she will have some type of agreement to present this Board at a future meeting. Pending Item – 111 Franklin St. Regular Meeting – September 8, 2015 Page 7 Craig Phillips the Planning Director, stated he has met with Mr. Adams last week regarding this property. He was presented with a revised schedule for the exterior improvements and the site improvements for the completion. They were reviewed and they were concerned because nothing has been received for any kind of interior build out. However, the exterior and site improvements have been reviewed and just a couple of minor changes to the calendar that was presented is needed. To begin with, Planning was told that the site work would wrap up about the 27th of November which is similar to the previous schedule given. The concern that has to be modified without any question and that is the final item, paving. This was purposed to be started on the 16th of November and finished on the 27th of November. The challenge is the asphalt plants are scheduled to close November 15th. So this needs to be changed that the exterior work and the site work which includes paving needs to be concluded by no later than Friday, November 13th. Based on this, Planning is going to reset the calendar that was purposed for a modified order to repair and issue this based on the completion of the exterior improvement and the site improvements by no later than Friday, November 13. It was added they Mr. Phillips will not let this project go into the spring. David Woodard, 9223 Broadway Suite E, Merrillville, IN Attorney for Adams Property Holding LLC. He has talked with Mr. Adams who is out of the country right now, he has modified, and he has talked with Triton Builders who is contractor he is working with. They are going to modify the paving and get that to the gentleman here at the City. They have also put together over the weekend an interior plan, actually Triton Builders did for review and hopefully can talk about before the next meeting. Mr. Phillips stated that it is possible to take a look at the schedule that is being provided, it will be reviewed but it does look like it is keeping with what Mr. Phillips is thinking. Basically be done by the end of February. Mr. Woodard stated they want to open next spring. Mr. Phillips stated they will review at this point to make sure there is nothing missing, but will issue a new order to repair based on the City’s revised timeline plus the purposed timeline. Mr. Phillips stated he will report at the next meeting about the purposed interior repairs. Vice-President Palmer asked if the Board would get a copy of the modified order and Mr. Phillips responded yes. Pending Item – 4-Way Stop at 4th and Wabash St. Spike Peller the City Engineer stated that they had an emergency placement of a stop sign there during construction. It does seem to be working quite well. As a matter of fact, the engineer Haas and Associates, which did the design for Wabash St. had included a 4-Way Stop in the design and Mr. Peller recommends the Board approve to make this permanent. Vice-President Palmer made a motion to place a permanent 4-Way Stop Sign at the intersection of 4th Street and Wabash Street. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Item – Farmer’s Market Craig Phillips the Planning Director stated they were going to look at the parking study. Planning had received the Parking study, reviewed it and then sent it back with comments to the consultants. It is unclear to Mr. Phillips if the Farmer’s Market representative explain that Regular Meeting – September 8, 2015 Page 8 they were going to be using the entirety of the existing lot where the Farmer’s Market takes place plus the additional lot that was installed? Shane Hansen with the Michigan City Farmer’s Market Manager stated they are currently just using the lot that they have been using for Saturdays. Now with the new parking lot, that is strictly for parking. Mr. Phillips stated based on the information provided to him today, he would recommend that the Board approve the extension of this to the Wednesday nights as purposed until October 28th. Vice-President Palmer stated it seems to be working well, he went by there two nights to see how it was going and the cars seem to be cleared out of the lot before it starts. Vice-President Palmer made a motion to allow the Farmer’s Market to extend their sale to Wednesday evenings until October 28th. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Item – Fire Training Center Paving Lot Spike Peller the City Engineer stated at the last Sanitary District Board Meeting they requested John Doyle and Associates prepare a description and stake out the lot. This should be done by the next Sanitary District Board Meeting. Then they can hopefully at that meeting turn over the property to the city. Pending Item – 915 Green St. Russ Hatfield the Code Enforcement Officer for the City of Michigan City stated that he would like to keep this on hold. Pending Item – Sinking/Receding Property northwest corner of 7th and Franklin Russ Hatfield the Code Enforcement Officer for the City of Michigan City stated he still has not heard if they are going to be able to work something out with conjunction with the Santa House. They are looking for enough room to make that AD accessible. He will try to stay on top of this and see where they stand. If nothing else he will have to get with Amber and issue the formal orders. Vice-President Palmer stated that the counseling center is taking on some Michigan City Area Schools kids during the day time. The bus drops the kids off and the kids are using that lot to play in now, is there any liability issues for the city as far as coming off that sidewalk where the drop off and all that? Mr. Peller stated he didn’t think it would be a liability to the city because it is not city property and his guess is the owner of the property doesn’t know that the children are playing there. Ms. Lapaich added she did not believe there would be liability on the city but she is not sure if the owner has knowledge or not. Pending Item – 1214 E. Michigan Blvd. Russ Hatfield the Code Enforcement Officer for the City of Michigan City stated the project is still moving along slowly. The building commissioner was out there and he did approve the repairs to the garage, they raised the height of the garage to 18’ which is City Ordinance. Ms. Lapaich stated she has a note that it is a continuation of an administrative hearing. President Janus stated there has been nothing done in the last couple weeks and Mr. Hatfield agreed, he has not seen any activity in at least a week. Craig Phillips addressed the Regular Meeting – September 8, 2015 Page 9 Board with his concerns stating that this is getting somewhat ridiculous again. Nothing has happened in the last two weeks. The property is in a very unkempt state as well. It seems the City is handholding this situation all the way through and is concerned the City has allowed as much time for this project and are continuously shown this has been taken advantage of. There are also major concerns about the interior condition of the property as well. There is just question if it is just a habitable structure after the shell of the building is complete. It will just stay vacant for a long period of time because it is not habitable. Corporate Counsel Amber Lapaich added that part of the Unsafe Building Law, the building must be habitable and Mr. Phillips agreed. Mr. Phillips stated his biggest concern is the fact that the outside remains to look the way that it does given the fact that it is supposed to be wrapping up/tidying up this project. The fact that it is in the condition it is in does not give Mr. Phillips the reason to believe anything valuable is going to happen at this property anytime soon. If Mr. Phillips is not mistaken, the owner is a contractor therefore there is no excuse for why this work has not taken place in a more tidy, timely manner. Mr. Phillips asked Terry Borolov the Code Enforcement Officer for his input and Mr. Borolov stated that he has held his tongue on this one for two years. He has had timelines signed by Mr. Karallas for the last two and half years that they would complete this project within 90 days. Every time they do not complete it and the City goes to the next step in the phase and draw a new line in the sand. This new line in the sand has been drawn every 90 days for two and half years. The quality of the work that has been done is very cosmetic, which was pointed out to Tom Przybylinski. There is no framing behind much of the siding, there is no flashing. When it rains it is going to go right inside the house although it appears to be complete. You can take two fingers and pull the siding off of the front of the building. The quality of the repairs are not to building standards. Mr. Borolov recommended moving to demolish. Mr. Phillips expressed the fact that we have been doing this for well over two years is becoming a challenge for his department resource wise to have to continue basically hand hold and baby this project. He is also stated he does not want to start a precedence like this with other properties. They are starting to make some improvements with other properties they have gotten taken down that are eye sores in this area and the community has noticed this. In addition the New Police Station across the street, with all the investment the City is putting into this area and has put into this area to let a property owner continue to delay and take advantage of the situation is not doing anyone any favors. Mr. Phillips also recommends proceeding with demo. Corporate Counsel Amber Lapaich reminded the Board that this was not a Public Hearing that it was still a Continuation of an Administrative Hearing. As the Board will recall, several months ago the department issued an order for demo. It originally appeared in front of the Board back in May as the first Administrative Hearing as to whether or not this Board was going to affirm, modify or resend and this Board has given chance after chance and continues this Administrative Hearing. At this point in time, this Board could make a decision whether or not you’re affirming, denying or modifying their orders. Or this Board could continue again. President Janus asked if they could approve an order to demolish and Ms. Lapaich told President Janus he was correct. Virginia Keating made a motion to close the Continuing Hearing and to affirm the Planning Departments request to order to demolish. Mr. Hatfield addressed Ms. Lapaich when the hearings did start they did have a representative on hand, should there be a representative on hand at this time? Ms. Lapaich stated they were given notice, they were here, they heard the date, they heard the time so whether or not they chose to be back here today was their choice. Regular Meeting – September 8, 2015 Page 10 The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Items – 1120 Elson St. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated he would still like to keep this one on hold. Pending Items – 1125 E. 8th St. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated he is working with Frank Seilheimer as well to get the notice out and get a pre bid set up for the demo contractors. He wants to be more specific on which trees come down with this demo. Pending Items – 228 W. Coolspring Ave Russ Hatfield the Code Enforcement Officer for City of Michigan City stated the daughter did get bids last week and is looking at her finances to see what she can do. She has been in contact with Mr. Hatfield. Mr. Hatfield stated he would be more than happy to work with her till the next meeting. Corporate Counsel Amber Lapaich advised the Board that this was another continuation of an Administrative Hearing so this Board should make another motion to continue this Administrative Hearing till the next meeting. Virginia Keating stated that she was concerned because the Board specifically said the daughter had to come back with a bid and the other board members agreed with her. Vice- President Palmer added that the daughter was told this and now she is not here today to explain why she has not gotten the bids. He also added that he had gone by the house and thought that they had started to tear it down. Mr. Hatfield stated someone was there cutting and cleaning up the exterior. Virginia Keating stated the next door neighbor was very concerned about this. Mr. Borolov informed Mr. Hatfield that the property was on the tax sale list. President Janus added that this was in October and they were not waiting till then. Vice-President Palmer made a motion to close the Administrative Hearing and proceed with the demolish process for 228 W. Coolspring Ave. The motion was Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Items – 710 E. Barker Ave. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this one would be notice to bidders and part of pre bid conferences that Mr. Hatfield is trying to get together. That way each project will be line item specific. Pending Items – 904 E. Michigan Boulevard Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this demo was started way back in the spring. The property still is not complete, it has not been graded, top soiled or seeded. Also, Mr. Hatfield was going to put in the bid specifications that bollards to be put in at the alley side so people couldn’t drive off or come shooting down on the Boulevard from the top of that hill. None of this has been completed. The City still holds the cashier’s check and also they have not been paid for the project. Mr. Hatfield’s last correspondence was he is going to finish this week, if he does not Mr. Hatfield would like Regular Meeting – September 8, 2015 Page 11 to continue on with legal proceedings that we would have against a contractor that is not completing a project in a timely matter. Pending Items – 312 Willard Ave Russ Hatfield the Code Enforcement Officer for City of Michigan City stated believes they were going to try and get the equipment out there over the weekend. As soon as they were done with the Boulevard they were going right over to Willard Ave because it was the same contractor. Pending Items – 414 E. 9th Street Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this will be included with the pre bid conference. Pending Items – 701 Union Street Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this will be included with the pre bid conference. Pending Items – 501 Hoyt Street Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this will be included with the pre bid conference. Pending Items – 522 Pleasant Ave Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this will be included with the pre bid conference. Pending Items – 301 Dewy St. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this will be included with the pre bid conference. Pending Items – 1204 W. 7th St. Russ Hatfield the Code Enforcement Officer for City of Michigan City will try to be under the Property Maintenance Ordinance. Corporate Counsel Amber Lapaich stated this is TABLED with the council right now, Ms. Lapaich is waiting on Planning to review a few things and then it will be brought back in front of the council for second reading. Pending Items – Old Chrysler Building- Michigan Blvd. & 11th St. Russ Hatfield the Code Enforcement Officer for City of Michigan City has been speaking with a realtor. He has a potential buyer, but Mr. Hatfield is researching the ordinances because they want to put it back as a used car lot. Mr. Hatfield does not think that is going to be allowable under zoning. That is also South Shore overlay district which shows no used car lots. Regular Meeting – September 8, 2015 Page 12 PUBLIC COMMENTS Larry Silvestri, 314 Kenwood Place, Michigan City. This regards the spot light or search light that has been placed on the new pavilion in Washington Park. The last time which was in January 2006 there was a search light request and it was for Blue Chip Casino, Mr. Silvestri has the minutes to this request. At that time, the Board of Works, which was in 2006, because it was temporary it was allowed. But had it been permanent fixture it would not have been allowed. Now this search light is already installed, should have come before the Board of Works to get permission to install. And certainly before they turn it on they should come before the Board of Works and explain what it is. It is 7 feet tall, it has to be environmentally controlled, and this is an extremely high capacity search light. Mr. Silvestri stated he would not be surprised if you could not see this from Chicago. This is going to be obnoxious to the residence of Michigan City and the town of Beverly Shores, it also may be a danger with aviation hazard. Currently there is a problem with people shining lasers into cockpits, the FAA may have a problem with this. This is within 100’s of feet of the Lighthouse which is a navigation device for boats, this could be confused. This is one of the world’s largest bird migration fly ways in the world, certainly in North America, we do not want a permanent fixture with our search light confusing birds. There is the issue of light pollution, the town of Beverly Shores became the 7th dark sky community in the world by reducing their wattage of their light fixtures and shielding their lights at some expense and Mr. Silvestri does not think they would be happy that the City would light up their sky with the search light. Mr. Silvestri stated he is a member of the Redevelopment Commission, this was not in the plan that they approved. He did look through the Park Board minutes and it was not in there. He did search the drawings and documents that he received and it was not mentioned when it was approved. Personally he does oppose this. Corporate Counsel Amber Lapaich stated to the Board that she is already looking into this issue. Public Comment Tom Labady, 328 Chestnut St., Michigan City. He was present to make a complaint about the property next door that was demolished in May of 2014. It has never been graded and there is concrete bits and pieces all over the lot. Last year Mr. Labady attempted to keep it cut with the gentleman on the other side of the property. Both had problems with running into debris with the lawnmower. This year, neither one of them have cut the grass and the back half of the property has not been cut once this year. He was wondering if something could be done about getting the property graded out and seed as Mr. Hatfield was talking about another property. Mr. Hatfield and President Janus agreed this property was taken down by the owner but they do have the same rules. Vector Control has been notified but Mr. Hatfield is not sure if they have gotten around to cutting his property yet. Mr. Hatfield will make sure the property is graded and seeded. BOARD COMMENTS President Janus asked if there were any Board comments. Vice-President Palmer addressed the board that about a week ago there was what he considers a major accident at the corner of Barker Ave and Elston St. which is where he has property. It is a one way street going north and there is a problem with cars going south on that street and running the intersection. What happened this day, and he cringes when he sees the car go by the window waiting for the bang, well the big bang came and it involved a city bus. The car was coming at such force that it pushed the bus down Barker, up Vice- President Palmer’s parking lot in the back of the store and the vehicle that hit him ended up Regular Meeting – September 8, 2015 Page 13 on the porch two housed down on Barker Ave. There was not a major fatality but there was 4 people taken off the bus that was hurt because they were thrown, the neighbor called Vice-President Palmer because he happened to see the bus after it was hit to commend the bus driver for keeping the bus from tipping over because it had wobbled so bad, she kept control of it and it did not tip over. She hit the curb and bounced over, but she did not lose control of the bus. So he wanted to make sure that she was told she did an excellent job. Vice-President Palmer’s concern is this has happened a lot with this intersection. The cars make it through for some reason but it is a one way street going north, but they are coming south up Elston Street and they are flying through and of course there is no stop sign at the corner there and they end up going through the intersection. How they get passed some of the time, he does not know. But they need to look at figuring a way to stop this, this could have been worse with the bus. There are school buses going up and down Barker Ave as well as city buses and he is just concerned that somehow there is going to be more of a major accident then what is needed. Vice-President Palmer asked Spike Peller to look at and offered to help him as well. There are one way signs there but they are not working. Corporate Counsel Amber Lapaich addressed the board that on August 31, 2015 the Mayor had issued the Board a letter appointing this board as the designated body to conduct a public hearing for the sale of some city owned property on Fogarty Street. Ms. Lapaich does not have a physical address but she does have the parcel id of 460121361005000022. The appraisals on this property, there were two and they have been at the amounts of $95,500.00 and the other at $94,000.00. The common council last month gave blessing that this board, since they were over $50,000.00, consider moving forward in conducting this public hearing to see if they do want to sell this property. So Ms. Lapaich just wants to notify the public that there will be a public hearing on September 21, 2015 at the next board meeting to consider input as to whether or not to sell this city property. President Janus asked Mr. Phillips where the City stands on 11th Street, it looked like the South Shore was finished. Mr. Phillips stated the portion west of Washington St was to be completed by September 4th and that was completed. Now Mr. Phillips has asked the consultants to give the Redevelopment Commission an update at the September meeting as to the remaining items of the project. That would entail street scaping, installation of lighting, and some improvements around the South Shore station itself. Mr. Phillips will report back to the board at the meeting on September 21, 2015. 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 10:10 am). 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: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk