Board of Public Works & Safety

REGULAR MEETING – September , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, September 16, 2019, at the hour of 8:30 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, Rich Murphy and Virginia Keating (3) Absent: None A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sue Downs, Building Commissioner Skyler York, Assistant City Planner Christine Vanderborg, Code Compliance Officer Craig Phillips, Planning Director Charles “Spike” Peller, City Engineer Lemuel Porter, Vector Control Assistant Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes from the Regular Meeting of September 3, 2019, the Special meeting of September 9, 2019 and the Special meeting of September 11, 2019. Virginia Keating made the motion to approve the minutes from the Regular Meeting of September 3, 2019, the Special meeting of September 9, 2019 and the Special meeting of September 11, 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. President Janus advised he is altering the agenda and moving the Board Resolution to the beginning of the list. BOARD RESOLUTION-A RESOLUTION OF THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY APPROVING THE TRANSFER OF INTERESTS IN CERTAIN PROPERTY FROM THE CITY OF MICHIGAN CITY, INDIANA TO THE MICHIGAN CITY REDEVELOPMENT AUTHORITY AND ALL MATTERS RELATED THERETO (Double Tracking project – NICTD- transfer of interests in the real property to the Authority is ten ( ) dollars) Randy Rompola, Barnes & Thornburg, LLP. addressed the Board stating that he is serving as Bond Counsel for the proposed financing by the Redevelopment Authority for the South Shore Regular Meeting – September 16, 2019 Page 2 double tracking project; advising this allows for the transfer of a portion of 11th Street to the Redevelopment Authority from the City for the purposes of allowing the Redevelopment Authority to lease it to the Redevelopment Commission; explaining the lease structure will allow the Redevelopment Authority to issue bonds that will be payable from lease rentals then paid by the Redevelopment Commission to the Redevelopment Authority which will be used to pay the bond holders for the double tracking project; further stating the Authority financing is $5,390,000.00 of bonds; those bonds will be payable from TIF revenues that the Redevelopment Commission will have available; further advising to make the process work the Redevelopment Authority needs to own something that it can lease to the Redevelopment Commission which in this case is a portion of 11th Street; further explaining last week the Redevelopment Authority adopted a similar resolution required by the statue allowing for the transfer of the property from the City to the Redevelopment Authority; continuing to advise that to complete that process he is asking the Board of Works to consider this resolution which is identical to what the Redevelopment Authority adopted; which is allowing the transfer of the 11th Street property to the Redevelopment Authority; continuing to explain the City will retain all control and all rights with respect to the property; this is just for purposes of the lease financing which allows the Redevelopment Authority to lease something and be able to complete the financing; commenting the resolution simply allows the Mayor and other officers of the City to execute any documents that may be needed to allow for the transfer of the property; further commenting upon conclusion of the lease financing the title will come back to the City. Discussion ensued between President Janus and Mr. Rompola regarding the City leasing to the Redevelopment Authority. Mr. Rompola responded it will transfer its interest to the Redevelopment Authority then the Authority will lease the interest to the Redevelopment Commission. President Janus asked why the City can’t do this direct. Mr. Rompola stated the Redevelopment statue provided for the lease between the Authority and the Commission; advising the Authority is actually the issuer of the bonds; the Commission by statue can then pay lease rentals to the Authority; the City can’t issue the bonds and the Commission use TIF revenues to pay those bonds in that manner. Vice-President Murphy made the motion to approve the RESOLUTION OF THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY APPROVING THE TRANSFER OF INTERESTS IN CERTAIN PROPERTY FROM THE CITY OF MICHIGAN CITY, INDIANA TO THE MICHIGAN CITY REDEVELOPMENT AUTHORITY AND ALL MATTERS RELATED THERETO. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY RESOLUTION NO. 2814 A RESOLUTION OF THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY APPROVING THE TRANSFER OF INTERESTS IN CERTAIN PROPERTY FROM THE CITY OF MICHIGAN CITY, INDIANA, TO THE MICHIGAN CITY REDEVELOPMENT AUTHORITY, AND ALL MATTERS RELATED THERETO WHEREAS, the Michigan City Redevelopment Authority (the “Authority”) has been created pursuant to I.C. 36-7-14.5 (the “Act”) as a separate body corporate and politic serving as an instrumentality of the City of Michigan City, Indiana (the “City”), to finance local public improvements for lease to the Michigan City Redevelopment Commission (the “Commission”) and which is permitted by the Act to acquire real property in order to accomplish the purposes of the Authority under the Act ; and WHEREAS, the Commission, pursuant to declaratory resolutions previously adopted by the Commission and amended from time to time, the Commission has declared (i) a certain area of the City known as the “Community Center No. 1 Expanded Urban Renewal Area” (the “North Side Area”) as a redevelopment area and an allocation area under the Act and approved a redevelopment Regular Meeting – September 16, 2019 Page 3 plan for the North Side Area and (ii) a certain area in the City of Michigan City, Indiana (the “City”), known as the “Southside Economic Development Area” (the “South Side Area”) as an economic development area and an allocation area under the Act, and approved an economic development plan for the South Side Area; and WHEREAS, the Commission previously adopted a resolution on May 31, 2017, resolving to be a cash participant, pursuant to Indiana Code 36-7.5-4.5-16, in the Northern Indiana Commuter Transportation District (“NICTD”) Main Line Double-Tracking Project which consists of the design, engineering, acquisition, renovation, construction, demolition, installation and/or improvement of certain rail lines owned and/or operated by NICTD and other projects relating to the foregoing projects (collectively, the “Double Tracking Project”); and WHEREAS, the Common Council of the City previously adopted a resolution on June 6, 2017, approving for the City to be a cash participant pursuant to Indiana Code 36-7.5-4.5-16 in the Double Tracking Project in the total amount of $12,166,666.67 by and through the Commission making a payment to the Northwest Indiana Regional Development Authority (the “Payment”) to contribute to LaPorte County’s share of funding as a cash participant pursuant to Indiana Code 36- 7.5-4.5-16; and WHEREAS, on August 13, 2019, at a duly advertised and noticed public meeting, the Authority did adopt its Resolution No. 4-2019, whereby the Authority (a) stated its intent to issue its Michigan City Redevelopment Authority Lease Rental Revenue Bonds of 2019 (Double Tracking Project) in in an aggregate principal amount not to exceed Five Million Three Hundred Ninety Thousand Dollars ($5,390,000) (the “Bonds”), to finance a portion of the cost of funding the Payment which will be used by or on behalf of NICTD to pay for a portion of the cost of the Double Tracking Project; (ii) fund a debt service reserve fund, if necessary in connection with the issuance of the Bonds; and (iii) pay costs incurred in connection with the issuance of the Bonds and (b) approved a proposed form of lease (the “Lease”) between the Authority and the Commission for the lease of a portion of 11th Street in the City as described at Exhibit A attached hereto (the “Real Property”); and WHEREAS, the Common Council of the City adopted a resolution on August 20, 2019, approving of the execution and delivery of the Lease by the Commission and the issuance of the Bonds by the Authority; and WHEREAS, the Authority seeks to acquire an interest in the Real Property, which will be more particularly described in the documents of transfer, in connection with financing of a portion of the cost of the Payment by the Authority for lease to the Commission pursuant to the Lease and has adopted a resolution at a special meeting on September 10, 2019, in a form substantially identical to this Resolution agreeing to accept the transfer of the Real Property; and WHEREAS, the City, as the owner of the Real Property, seeks and concurs in the transfer of the interests in the Real Property to the Authority for Ten Dollars ($10.00), and the Board of Public Works and Safety of the City (the “Board”) desires to approve such transfer; NOW, THEREFORE, BE IT RESOLVED BY THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY, AS FOLLOWS: SECTION 1. The Board hereby finds and determines that the acquisition by the Authority of the Real Property from the City for Ten Dollars ($10.00), in connection with the financing of a portion of the Payment for the Double Tracking Project by the Authority for lease to the Commission, is in the best interests of the City and its residents. SECTION 2. The Board hereby approves the acquisition of all of the City’s right, title and interest in the Real Property by the Authority for the amount recited above. Upon the conclusion of the Lease and the final payment of the Bonds, title to the Real Property will be transferred back to the City from the Authority. SECTION 3. The Mayor is hereby authorized to execute any instruments or documents, or to take any other actions that may be necessary to effectuate the transfer of the Real Property as authorized herein. SECTION 4. That this Resolution shall be in full force and effect from and after its passage by the Authority. Regular Meeting – September 16, 2019 Page 4 MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY /s/ Steve Janus, President /s/ Richard Murphy, Vice-President /s/ Virginia Keating, Member ATTEST: /s/Gale A. Neulieb, City Clerk Approved: September 16, 2019 Exhibit A DESCRIPTION OF 11th STREET TO BE LEASED That portion of 11th Street in the City from the intersection with Chicago Street to the intersection with Pine Street. ORDER TO DEMOLISH - News Dispatch September =, Public Hearing will be held September , • 702 S. Ashland Avenue – Heirs and or/Devisees of Terry Logmann Sr. – Richard Gersch & Terrence Logmann Jr. Sue Downs, Building Commissioner addressed the Board advising the property is long term vacant; stating the owner is deceased and the heir to the property is his son, Terry Logmann Jr. who she has had some contact with but he seems to have no interest in the property; continuing to explain the condition of the home. Terry Logmann Jr., 110 Concord Drive addressed the Board stating Fifth Third Bank owns the property. Discussion ensued between Corporate Counsel, Amber Lapaich, President Janus and Mr. Logmann regarding if he was at the meeting to dispute the demolition. Mr. Logmann stated he was at the meeting because the letter he received stated he needed to attend; advising the letter also stated if he didn’t show up for the meeting, he may be responsible for the cost of the demolition. President Janus explained the cost would go to the property (lien). Corporate Counsel, Amber Lapaich addressed the Board stating for the record Ms. Downs did file the affidavit of service of process showing everyone she gave notice to; advising this was done via certified mail and by publication. Virginia Keating made the motion to affirm the order of demolition for 702 S. Ashland Avenue. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch September =, Public Hearing will be held September , • 710 W. 10th Street – Owner- Aleksandar Ristevski; Jason & Jane Straton Sue Downs, Building Commissioner addressed the Board stating the property is long term vacant for at least seven (7) years; it has been on three (3) different tax sales, purchased Regular Meeting – September 16, 2019 Page 5 multiple times; advising no work has been done on it what so ever; explaining the condition of the property. Discussion ensued between Corporate Counsel, Amber Lapaich and Ms. Downs regarding if it is causing blight in the neighborhood. Ms. Downs responded yes, it is. Counsel Lapaich asked if there are rodents in the house. Ms. Downs stated the rodents have given up on it. Jason Straton, 12610 Wicker Avenue, Cedar Lake, Indiana addressed the Board stating if the Board gives him reasonable time he will rehab the property and bring it up to code; advising he is willing to post a surety bond to verify his good intentions; explaining he purchased the property in February 2019; further stating his attorney is currently in the process of transferring ownership of the deed. Discussion ensued between President Janus, Ms. Downs and Corporate Counsel, Amber Lapaich regarding if Ms. Downs is fine with giving Mr. Straton and extension. Ms. Downs stated she would like to see a bond. President Janus stated if Mr. Straton can get us the bond within the next two (2) weeks we can delay this to the next meeting on October 7, 2019. Counsel Lapaich explained to Ms. Downs it will be a performance bond and asked if there will be a recommended amount. Ms. Downs stated being Mr. Straton doesn’t own the property yet; advising she doesn’t know the legalities. Counsel Lapaich stated if the Board would like to continue this to give him time to get the tax deed and ownership of the property then he can get the performance bond. Discussion ensued between Vice-President Murphy and Mr. Straton regarding the status of 902 Pine Street. Mr. Straton advised 902 Pine Street is a property that he currently owns and uses as a part time residence. Vice-President Murphy made the motion to continue the public hearing until the next meeting on October 7, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch September =, Public Hearing will be held September , • 106 Wayne Street – Owner- Wayne Road II, LTD an Indiana Corporation; Zibbs LLC; Lakeshore Drive LTD Sue Downs, Building Commissioner addressed the Board stating the property is in disrepair; advising the owner Matt Linn has 3 properties in the same geographic area causing blight in the community; explaining they are all long term vacant; advising 106 Wayne Street has been vacant at least ten (10) years; adding this was brought before the Board in 2013 and a one (1) year extension was given and has long expired. Discussion ensued between Corporate Counsel, Amber Lapaich and Ms. Downs regarding Counsel Lapaich not having any recollection of an order to demolish or an order to repair that came before the Board; asking Ms. Downs if this was a citation. Ms. Downs stated there were three (3) order to repair citations. Counsel Lapaich asked if this is the first time this is appearing in front of this Board as a demolition. Ms. Downs responded, yes; advising the orders to repair were sent two (2) years ago with no correspondence from Mr. Linn. Matthew Linn, 722 Washington Street addressed the Board explaining why there has been no work done on the property; stating that several years ago a new roof and a new garage door were put on the house; advising that new windows have been ordered and once they are installed, he will address the siding. Regular Meeting – September 16, 2019 Page 6 Discussion ensued between Ms. Downs and President Janus regarding there being no permits pulled on the house since 2011. President Janus asked Ms. Downs when she was in the house last. Ms. Downs responded she has never been inside the house; advising all the windows are broken so she was able to take pictures. Virginia Keating made the motion to affirm the order of demolition for 106 Wayne Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch September =, Public Hearing will be held September , • 925 W. 7th Street – Owner – Housing Opportunities, Inc.; Ronald Nichols and Shipp Properties Sue Downs, Building Commissioner addressed the Board stating Jordan Stanfield, CEO for Housing Opportunities was supposed to be at the meeting, but could not make it; advising this is a voluntary donation; explaining the house has been on a few tax lien sales and was not purchased by anyone; further stating at one point the County Commissioners gave the property to Housing Opportunities and per their agreement with the County they cannot sell it; further advising Housing Opportunities has a program they are looking into with Chesterton High School; further explaining the cost for the demolition will be reimbursed to the City though CDBG; this has been confirmed by Sherry Wilson. Vice-President Murphy made the motion to affirm the order of demolition for 925 W. 7th Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. OPENING OF BIDS – Demolition of F Street – Owner – Willie Edmond President Janus asked if there was anyone present wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for 126 F Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising three (3) bids were received as follows: Smith & Sons Excavating $15,000.00 Actin Contracting, LLC. $18,290.00 J. Shoffner General Contractor Inc. $11,800.00 Virginia Keating made the motion to refer the bids for the demolition of 126 F Street to the appropriate departments for their review and recommendation at the next meeting on October 7, 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. Regular Meeting – September 16, 2019 Page 7 OPENING OF BIDS – Demolition of Virginia Court – Owner – Jeffrey L. Jones President Janus asked if there was anyone present wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for 109 Virginia Court. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising three (3) bids were received as follows: Smith & Sons Excavating $17,000.00 Actin Contracting, LLC. $18,340.00 J. Shoffner General Contractor Inc. $8,900.00 Vice-President Murphy made the motion to refer the bids for the demolition of 109 Virginia Court to the appropriate departments for their review and recommendation at the next meeting on October 7, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. REQUEST FOR STREET CLOSURE – Abby May, Michigan City Mainstreet Association, is requesting street closure on Franklin Street from ?th Street to th Street and @th Street from Washington to Pine Street to hold their annual Flame & Flair Halloween Festival on Saturday, October , from 2:2 – :2 p.m. Abby May, President, Michigan City Mainstreet Association addressed the Board stating this is the same request as last year; advising the Michigan City Police and Michigan City Fire Departments gave their approval of the request; explaining once this request is approved, she will get us the Certificate of Insurance. Vice-President Murphy made the motion to approve the request for street closure by Abby May, Michigan City Mainstreet Association on Franklin Street from 8th Street to 6th Street and 7th Street from Washington to Pine Street for the annual Flame & Flair Halloween Festival on Saturday, October 26, 2019 from 3:30 p.m. – 9:30 p.m. subject to the receipt of their Certificate of Insurance. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. FINE APPEAL- John Chalikian, Franklin Street, is appealing a “Mowing/Vector Control Violation” that was issued by Vector Control on Franklin Street on September =, Corporate Counsel, Amber Lapaich addressed the Board stating she does not believe that Mr. Chalikian has been fined; advising no action will need to be taken. Lemuel Porter, Assistant Vector Control addressed the Board explaining he did not fine Mr. Chalikian he just sent him a letter stating he has 10 days to take care of this matter; advising he did speak to Mr. Chalikian regarding the issues he has been having with GFS not mowing their portion of the property; stating Mr. Chalikian and himself came to an agreement that he would send a crew over to take care of the mowing. Regular Meeting – September 16, 2019 Page 8 REQUEST FOR ROAD CLOSURE – Shawne Sheldon, Washington Park Zoo Society, is requesting road closure of Lakeshore Drive from the main entrance of Washington Park down to Fedder’s Alley for the annual Boo at the Zoo on Saturday, October , from : a.m. – @: p.m. Shawne Sheldon, Retail Manager, Washington Park Zoo addressed the Board stating they are requesting to have the traffic re-routed thru Washington Park; explaining the closure. Virginia Keating made the motion to approve the request for closure of Lakeshore Drive from the main entrance of Washington Park down to Fedder’s Alley for the annual 2019 Boo at the Zoo on Saturday, October 19, 2019 from 9:00 a.m. – 7:00 p.m. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. APPROVAL OF PLANS – Craig Phillips, Planning Director, is requesting approval for Indiana Department of Transportation (INDOT) – Trail Plans for the Singing Sands Trail Phase II – Michigan City Parks and Recreation – Project No. H 2 = Craig Phillips, Planning Director addressed the Board stating this is a technicality; advising the plans have been reviewed and approved by both our Engineers and INDOT Engineers; explaining the trail segment part of the plans (it consists of two parts); further stating he is asking for approval contingent on the final review of the document by the City’s Engineering consultant (DLZ). Discussion ensued between President Janus and Mr. Phillips regarding if this is just a continuation of the process. Mr. Phillips responded, yes this is the next step of the process; stating the project is hopefully slated for bidding in January. President Janus asked if INDOT does the construction. Mr. Phillips stated INDOT handles the bids and bidding process for the City. Vice-President Murphy made the motion to approve the request for Indiana Department of Transportation (INDOT) – Trail Plans for the Singing Sands Trail Phase II contingent on final review by our Engineering Consultant (DLZ). The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. CLAIMS AND PAYROLL Virginia Keating 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 Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). 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 of 09/13/2019 $578,715.83 Regular Meeting – September 16, 2019 Page 9 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 Amount 1 of 5 09/16/2019 $506,474.01 1 of 2 09/16/2019 $34,381.55 1 of 2 09/16/2019 $110.00 1 of 1 09/16/2019 $570,540.39 UNFINISHED BUSINESS President Janus stated the first item on the Pending Items list is Stacy Martin, Canada Park Neighborhood – Requesting Neighborhood Watch Signs for the area of and 2 block of Tremont Street- This was tabled from the August , to the September 2, meeting – then placed on the pending items / unfinished business list for September , Charles “Spike” Peller, City Engineer addressed the Board stating he has a few questions regarding the signs such as who will be paying for them and what type of signs they will be; advising he still hasn’t heard anything from the M.C.P.D. President Janus stated we will hold this over until the next meeting on October 7, 2019. President Janus stated the next item on the Pending Items list is Eleanore Hartman, 2 Fogarty Street – request for “No Parking” signs on Fogarty Street President Janus stated his understanding is that the signs have been put up. Vice-President Murphy made the motion to remove this matter from the pending items/unfinished business list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. President Janus stated the next item on the Pending Item List is Jamaal Taylor, Order to Demolish 2H F Street Virginia Keating made the motion to remove the matter of 235 F Street from the pending items/unfinished business list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. President Janus stated the next item on the Pending Item List is a request for the order to demolish Franklin Street – 2/ ?/ Sue Downs, Building Commissioner addressed the Board stating the contractor who was supposed be doing the work ended up in the hospital with emergency surgery; advising last week he was out of the hospital and some work was done; explaining they are hoping to finish up this week. Regular Meeting – September 16, 2019 Page 10 Craig Phillips, Planning Director addressed the Board stating they have started the work; advising all they have left to do is connect the sewer which they are working on now and finalize the dumpster enclosure. Virginia Keating made the motion to continue this matter to the next meeting in October, which is October 7, 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. President Janus stated the next item on the Pending Items List is Attorney Barry McDonnell, representing McDonald’s Real Estate Company, requesting acceptance of Deed of Dedication for new public right-of-way (alley) Skyler York, Assistant City Planner addressed the Board asking this matter stay on the pending items/ unfinished business list until the alley is complete. President Janus stated the next item on the Pending Item List is +WeCreate Media- Marketing Contract for – the -day update will be on the July , at the B.O.W. meeting. The next update on the progress of this matter will be at the meeting on October @, . President Janus stated the last item on the Pending Item List is a request for the sale of Fogarty Street Property – Parcel #= 2 H (this was tabled from the May , meeting) This item will stay on the pending items/unfinished business list for six (6) months – report back at the November ?, meeting. PUBLIC COMMENTS President Janus asked if there were any public comments. ***Charles “Spike” Peller, City Engineer addressed the Board requesting approval for the Notice to Proceed and the Agreement between the City and The Airmarking Company for the 2019 City Wide Pavement Markings Project; recommending approval. Vice-President Murphy made the motion to approve the Notice to Proceed and the Agreement for the 2019 City Wide Pavement Markings project by The Airmarking Company. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. ***Tony Childers, 205 Douglas Avenue, Owner of Tony’s Outboard Motor’s & Chiefs Bait Shop addressed the Board asking if anyone knew about the South Shore leak that entered Trail Creek on July 21, 2019. Corporate Counsel, Amber Lapaich advised she knew nothing about it. Discussion ensued between President Janus and Mr. Childers regarding if he had anything specific that deals with the Board of Public Works and Safety that the Board can do something about. Mr. Childers explained you can’t get ahold of anyone when you call City Regular Meeting – September 16, 2019 Page 11 Hall. President Janus stated the Board has no control over that; explaining to Mr. Childers he would need to go before the City Council; advising the City Council has more authority than what the Board has. ***Skyler York, Assistant City Planner addressed the Board requesting approval for a new street sign for Cottage Lane; advising he needs to do more research regarding if it has been dedicated as a street, etc.; explaining he will come back before the Board once this has been completed. BOARD COMMENTS President Janus asked if there were any Board comments; there was no response. ADJOURNMENT President Janus stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:19 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk