Board of Public Works & Safety

REGULAR MEETING – May 5, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, May 5, 2014 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 Vice-President Sharon Carnes, who presided. Noted present: Sharon Carnes and Michael Palmer (2). Absent: Steve Janus (1). A QUORUM WAS NOTED PRESENT. Also noted in attendance: John Espar, Corporate Counsel Donna Pappas, City Controller Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Asst. Chief Tim Richardson, M.C. Police Department Bob Zondor, Superintendent Central Services Craig Phillips, City Planner Ben Neitzel, Superintendent Central Maintenance Jeff Deuitch, Human Rights Director Michael Kuss, General Manager Sanitary District Arber Himaj, Engineer Sanitary District Judy Pinkston, Director Community Development Shannon Eason, Administrative Director Park Department Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES Vice-President Carnes asked if there were any corrections to the minutes of the Regular meeting of April 21, 2014. Michael Palmer made the motion to approve the minutes from the regular meeting of April 21, 2014. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. AWARDING OF BID – Five (5) 2015 Police Ford Interceptor Utility Vehicles-AWD Ford Option Package (K8A) The following correspondence was received in the City Clerk’s Office on April 29, 2014 from Asst. Chief Tim Richardson, Michigan City Police Department: Regular Meeting – May 5, 2014 Page 2 I am in receipt of the three bids submitted for the purchase of five (5) 2015 Police Interceptor SUV’s. The net bid amounts are as follows: 1.) Bloomington Ford - $131,435.25 2.) Lakeshore Ford - $125,894.00 3.) Sauer’s Ford - $127,611.04 My recommendation, as had been customary for the past three years, is to award the bid to the lowest bidder, which is Lakeshore Ford. I have reviewed each bid and all three bidders have met the Bid Specifications Comply/Exception form. Please contact me with any questions or concerns that you may have. Asst. Chief Richardson, Michigan City Police Department addressed the Board; asking that Lakeshore Ford be awarded the bid in the amount of $125,894.00. Michael Palmer made the motion to award the bid to Lakeshore Ford for the purchase of five (5) 2015 Police Interceptor SUV’s in the amount of $125,894.00. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. REQUEST FOR PARADE PERMIT – John Franklin Miller Post No. 37 is requesting a Parade Permit for the annual Memorial observance and parade on Monday, May 26, 2014 The following correspondence was received in the City Clerk’s Office on April 21, 2014 from Bob Hock, Post No. 37: The American Legion is once again in the process of organizing our annual Memorial observance and parade. The event features salutes fired at area Veteran Memorials and a parade followed by a ceremony at Greenwood Cemetery. We are requesting the Board of Public Works to issue us a Parade Permit for Monday, May 26, 2014. The parade will assemble at Pytnia Parkway near Ames field and then march north on Franklin St to Decatur St and east on Decatur to Greenwood Cemetery. The program will follow at the Grand Army of the Republic Monument. The parade will step off at approximately 10 AM. We are also requesting the MC Street Dept check for low overhanging tree branches on Deatur St so as not to interfere with flag carriers on the parade route. Thank you for your attention to this important civic event. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request stating this is a well-organized annual event, and recommended approval. Michael Palmer made the motion to approve the request for a Parade Permit for Monday, May 26, 2014 for the John Franklin Miller Post No. 37 (American Legion). The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. REQUEST FOR ROAD CLOSURE – John Avila, Queen of All Saints is requesting the closure of Barker Avenue between Woodland and Carroll Avenues for the Annual Parish Festival June 5, 2014 to June 8, 2014 The following correspondence was received in the City Clerk’s Office on April 24, 2014 from John Avila, Assistant Chair, Queen of All Saints Festival Committee: Regular Meeting – May 5, 2014 Page 3 Once again, the Queen of All Saints Festival Committee respectfully requests the approval of the closing of Barker Avenue between Woodland Avenue and Carroll Avenue during the annual parish festival. The parish festival dates and times are: Thursday, June 5, 5:00 pm to 10:00 pm Friday, June 6, 5:00 pm to 12:00 am Saturday, June 7, 5:00 pm to 12:00 am Sunday, June 8, 5:00 pm to 10:00 pm You will notice that the Festival will be running for four days again. The Committee feels the closing of Barker Avenue to automobile traffic during the festival provides a benefit to both the patrons and to the City by creating a buffer zone between the festival grounds and remote parking lots. In addition, this provides for increased safety for small children in and around the area where the festival rides are. A vacated Barker Avenue also provides a staging area for City vehicles (e.g., fire, police) in the event of an emergency. If you have any questions regarding this request, please contact us at the phone number above. Thank you for your consideration. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request stating this is a well-organized annual event; they usually hire 5-6 off duty officers the entire weekend to staff the event for security, and recommended approval. Michael Palmer made the motion to approve the request for the road closure for the Queen of All Saints Festival June 5th to June 8th, 2014. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. REQUEST FOR ROAD CLOSURE – Angela Gushrowski, HealthLinc is requesting the closure of 7th Street between Pine and Franklin Streets for the annual Health and Wellness Fair on Friday, August 15, 2014 The following correspondence was received in the City Clerk’s Office on April 21, 2014 from Angela Gushrowski, Assistant Site Manager, HealtLinc HealthLinc, Inc. is sponsoring a Health and Wellness Fair Event in honor of National Health Center Week. Our health centers are making preparation for a great turnout this year, anticipating over 250 families to participate in each local community event. Our Michigan City HealthLinc location is requesting to block 7 th Street from the church up to Franklin Street. This area is mostly right in front of the HealthLinc building. We are asking to do this on Friday, August 15th from 1-5pm. All of our five HealthLinc locations will be participating in the National Health Center Week, with the theme of “Local Engines for Healthy Communities.” We are committed to giving free immunizations, sports physicals and dental screenings to the uninsured in our community that are going to school for the first time or those returning to school and participating in sprots or extracurricular activities. By working together, all of us contribute to a much brighter, healthier future for the youngest citizens of our community. We look forward to working with you. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request stating this is a well-organized annual event, and recommended approval. Regular Meeting – May 5, 2014 Page 4 Michael Palmer made the motion to approve the request for the road closure for HealthLinc’s annual Health and Wellness Fair on Friday, August 15, 2014 from 1:00 to 5:00 p.m. of 7th Street between Pine and Franklin Streets. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. REQUEST FOR ROAD CLOSURE – Wilford Budna, NIPSCo. is requesting the closure of 9th and Franklin Streets for the installation of a new gas meter on Thursday, May 17, 2014 The following correspondence was received in the City Clerk’s Office on April 15, 2014 from Wilford Budna, Engineer Tech., NIPSCo.: I am requesting to get on the agenda for the May 5 th meeting to review street closure for my project. Please advise of any requirements. I am planning on installing a new gas service at 907 Franklin Street, corner of 9 th and Franklin Streets. Although there is not a permit needed, I will need to open the road on 9th Street and possible road closure for a few hours. Mr. Budna addressed the Board regarding the request; explaining 9th Street will need to be closed for approximately four (4) to six (6) hours. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Budna regarding the road closure and the opening of 9th Street to access the gas main there, and working with the Michigan City Police Department Traffic Division for the road closure and re- routing of traffic. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board and Mr. Budna stating there are several intersections to detour traffic around the site of the work being proposed. Michael Palmer made the motion to approve the road closure for the installation of new gas service at 907 Franklin Street subject to coordinating and approval of the Michigan City Police Department’s Traffic Division. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. REQUEST TO USE CITY GAS PUMPS – LaPorte County Commissioner Willie Milsap and Jerry Cooley of the LaPorte County Building Maintenance are requesting permission to gas up 2 County vehicles at the Michigan City Central Maintenance pumps – contact person: Ed Bohle The following correspondence was received in the City Clerk’s Office on April 22, 2014 from Commissioner Willie Milsap and Jerry Cooley LaPorte County Building Maintenance Supervisor: This is a request to ask for permission to gas up 2 County vehicles at the Michigan City pumps for the LaPorte County Maintenance Dept. The bill for the gas will be billed to and paid by the LaPorte County Building Maintenance Department at 809 State Street, Suite 305 A, LaPorte IN 46350. If you have any questions please contact Mr. Ed Bohle or Jerry Cooley at 219-326-6808 ext. 2262. Regular Meeting – May 5, 2014 Page 5 Ben Neitzel, Superintendent Central Maintenance addressed the Board regarding the request stating he was approached by Mr. Bohle a few months ago who explained there are two (2) County vehicles that are utilized here in Michigan City for the LaPorte County Court House, and instead of driving to LaPorte to fill the vehicles up they would appreciate being allowed to fill up at Central Maintenance and bill the County on a monthly basis for the gas used. Discussion ensued between the Board and Mr. Neitzel regarding an Agreement for this purpose. Corporate Counsel Espar advised an Agreement would not be necessary as long as the vehicles utilizing the City pumps are pre-authorized vehicles of the County. Mr. Neitzel explained that the driver of the vehicles would have a card that would be swiped and a fob for each car that would be used each time the vehicles are filled up, and that the cards and fobs are both registered with the Central Maintenance Department and billing would be done on a monthly basis based on their usage and current gas prices. Corporate Counsel Espar addressed the City Controller asking if there would be any issues with the State Board of Accounts for such a relationship. Donna Pappas, City Controller addressed the Board and Counsel Espar and advised there would be no problem. Michael Palmer made the motion to approve the LaPorte County Maintenance Department to gas up two (2) County vehicles at the Central Maintenance pumps and be billed monthly. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. DOOR TO DOOR SOLICITATION – Matthew Phair, Director and GM for Seven Peaks in Indiana is requesting to go Door to Door to offer a year round pass for a “Chicagoland Pass of all Passes” The following correspondence was received in the City Clerk’s Office on April 25, 2014 from Matthew Phair, Director and GM for Seven Peaks in Indiana: This is Matthew Phair the Director and GM for Seven Peaks in Indiana. It was nice to talk to you on the phone the other day. You asked me to email you that I am requesting to be put on your next Board of Works meeting on Monday, May 5 th at 9:00 AM to introduce myself and acknowledge our partnership with the Michigan City Parks Department and Washington Park Zoo. Our company is “Seven Peaks” and we own the waterpark in Porter, Indiana. We do a year round pass called the “Chicagoland Pass of All Passes” which includes numerous activities for families and individuals in and around Chicagoland including facilities in your community. We will be having approximately 40 door to door and business to business salesman in the community and surrounding areas to offer this year round pass. All employees will be dressed appropriately and have Seven Peaks identification around their necks identifying themselves. This pass not only includes the Seven Peaks Waterpark Duneland but also other facilities which we have partnered with which are: Seven Peaks Waterpark Duneland – Porter, Indiana Seven Peaks Fun Center Chesterton, Chesterton, Indiana Washington Park Zoo – Michigan City, Indiana Oasis Splash Park – Michigan City, Indiana Inman’s Fun and Party Center – Valparaiso, Indiana Taltree Arboretum & Gardens – Valparaiso, Indiana Southshore RailCats – Gary, Indiana Zao Island – Valparaiso, Indiana Chicago Fire Regular Meeting – May 5, 2014 Page 6 Matthew Phair, Director and GM for Seven Peaks in Indiana addressed the Board regarding the request; explaining the passes to the Board and the proposed Door to Door solicitation; asking for approval. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Phair regarding the Transient Vendors Licensing process. Counsel Espar advised the Board that the Transient/Itinerant Vendor License would need to be established for the requested Door to Door solicitation; and that the stipulations set out in the Municipal Code would need to be followed and fees paid to the Controller’s Office along with a copy of their Certificate of Liability Insurance placed on file. Mr. Phair stated the hours for solicitation would be three (3) to five (5) days every quarter, or approximately twice between now and the end of the summer in Michigan City; and the cost for the passes is usually $60.00, but the salesmen can sell them for as low as $20.00 for a year round pass which give access to the nine (9) different venues that are available at this time, which includes full admission to the Washington Park Zoo and the Oasis Splash Pad in Michigan City. Mr. Phair informed the Board that there is an agreement with the Park Department where Seven Peaks pays them to be included on the pass on a year to year basis. Further discussion ensued between the Board, Corporate Counsel Espar and Mr. Phair regarding background checks, proper identification/uniforms, hours of operation and license fees that are required per Michigan City Ordinances. Counsel Espar advised the Board that they have the authority to set the hours of operations for the door to door solicitation. Mr. Phair informed the Board that members of the sales team are not allowed to enter homes, and if they do they are automatically terminated. Mr. Palmer informed Mr. Phair if the Police Department receives any valid complaints operations would halt immediately until the matter was cleared up to the Board’s satisfaction; and that he would need to specify the number of days for the Transient Vendor’s License and that License would only be valid for that time period, and when they come back in the summer they would need to re-apply for another Transient Vendor’s License and pay the appropriate fees. Counsel Espar advised the Board they could issue the License subject to the payment of fees on a recurring basis. Michael Palmer made the motion to approve the request for a Transient License for Door to Door Solicitation of the Seven Peaks Pass of all Passes for the remainder of the year with the hours of operation between 12:00 noon and 8:00 p.m.; and this could be re-visited if the Board receives complaints; as well as proof of insurance being provided; subject to the uniforms and badges that will be provided as well as the Controller’s Office issuing the License. Corporate Counsel Espar supplemented the motion stating – and also subject to the Door to Door Solicitor having the uniforms described this morning along with proper identification and a “license” to be provided to each salesperson to reassure law enforcement/city inspectors and homeowners. Gale Neulieb, City Clerk informed the Board that the Controller’s Office gives a receipt to each individual. Regular Meeting – May 5, 2014 Page 7 Donna Pappas, City Controller addressed the Board stating the Controller’s Office does issue a License to the business; further stating it could be possible to make up individual ones with a photo ID and the company’s name, and they could be laminated. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. DOOR TO DOOR MISSIONARY WORK – Matthew Hasty, Literature Ministries Director Seventh-Day Adventist Church is requesting permission to go door to door for missionary work beginning June 9, 2014 thru August, 2014 The following correspondence was received in the City Clerk’s Office on April 24, 2014 from Matthew Hasty, Literature Ministries Director Seventh-Day Adventist Church: This summer young people from the Indiana Conference of Seventh-day Adventist® will be in your area doing door-to-door missionary work during the months of June, July and August, 2014. The activities that our young people will be involved in include: 1. Seeking to place Christian literature in each home that will accept it, enabling residents to give a donation to the young people to help further their education 2. Offering Bible study programs to those interested 3. Praying with individuals that desire prayer 4. Interesting individuals in the Seventh-day Adventist® Church For the safety of our young people, we have provided two-way radios and group supervisors. A list of our young people and vehicle information will be available upon request beginning June 9, 2014. Please accept this letter as acknowledgement of our youth missionary project in your area. If you have any questions, don’t hesitate to call us at 317-376-8015. Michael Palmer addressed the Board expressing his concerns with the request; stating he has questions regarding the mission and isn’t fond of the fact that they will be going door-to-door asking for donations so their kids can go to a camp when they are from Indianapolis and not from the local area; also the three (3) month period they are asking for to go door-to-door is a little too long. Mr. Palmer asked the City Clerk’s Office to send a letter to Mr. Hasty asking that a representative be present at the next meeting on May 19, 2014 to address concerns and questions the Board has. Discussion ensued between the Board and Corporate Counsel John Espar regarding the request, and any 1st Amendment issues. Counsel Espar advised the Board that they did not need to act on the request at this time, but could act after a representative comes forward to address the Board’s concerns; further stating he will continue to look into this. REQUEST FOR 3-WAY FLASHING LIGHT – Councilman Duane Parry is requesting the installation of a 3-way flashing light at the intersection of Tilden and Coolspring Avenues The following correspondence was received in the City Clerk’s Office on May 1, 2014 from Duane Parry, 5th Ward Councilman, 2206 Maple Street: Type of Request: 3-way Flashing Stop Light Please install a 3-way Flashing Stop Light at the intersection of Tilden and Coolspring Avenues. Regular Meeting – May 5, 2014 Page 8 Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating when he received the request he pulled the last six (6) years of crash data for that intersection, and found since 2008 they were about fifteen (15) accidents reported to the department. Lt. Loniewski further stated that averages to about 2-3 accidents per year which isn’t unusual for the volume that goes through that intersection; explaining that after he read each report only one (1) was caused by a driver disregarding the stop sign and that the majority of accidents were “rear end” accidents. Lt. Loniewski informed the Board that right now there’s nothing that stands out to suggest that a 3-way flashing light would benefit traffic. Lt. Loniewski stated he has all the reports with him and will forward them to the City Engineer to see if he feels the light is warranted. Discussion ensued between the Board and Lt. Loniewski regarding possible ways to make the stop signs more noticeable/reflective to on coming vehicles. Michael Palmer made the motion to refer the request to the City Engineer for further investigation and to report back at the next meeting. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. REQUEST TO PURCHASE CITY PROPERTY – Bishop T.L. Batts, Mount Tabor Ministry is requesting to purchase city property located at 204 Willard Avenue for a Community Activity Center for at risk teenagers The following correspondence was received in the City Clerk’s Office on April 30, 2014 from Bishop T.L. Batts, Mount Tabor Ministry: Type of Request: Sale/Acquisition of property We are inquiring about the above mentioned property for a community activity center for at risk teens and wayward adolescents to have a safe haven within a crime ridden community. All activities will be free to the community. Craig Phillips, City Planner addressed the Board regarding the request stating it would be the job of the Mayor to approach the Board to recommend which pieces of property are to be put up for sale; further stating if the property is appraised under a certain dollar amount then they can come just before the Board of Public Works and Safety, but if the property appraises above that dollar amount then it would go before the Common Council as well. Mr. Phillips explained that his department is currently in the process of assessing all the property that the City has potentially for surplus to look at for potential sale, and that work is not complete yet, but this property is definitely on that list. Mr. Phillips stated the Planning Department wants to have the opportunity to access that property properly to make sure the City understands its value before any action can be taken. Vice-President Carnes requested that the City Clerk reach out to Bishop Batts letting him know that the property is currently under evaluation. AGREEMENT – Lease Agreement between First United Methodist Church of Michigan City and the City of Michigan City Board of Public Works and Safety The following correspondence was received in the City Clerk’s Office on April 28, 2014 from Hesham Khalil, Global Engineering & Land Surveying: Regular Meeting – May 5, 2014 Page 9 Attorney Atley Price, Michigan City Redevelopment Commission, addressed the Board explaining the property being discussed was owned by the Spalding Hotel back in the 1960’s/70’s, and after the building was demolished the City took ownership interest in the property and shortly thereafter the Methodist Church then acquired it from the City. Mr. Price stated in 1985 the City wanted to ensure that they could continue to utilize it for a municipal parking lot for free parking and entered into a lease agreement with the Methodist Church for a twenty (20) year lease term, which expired in 2005 and pursuant to the terms of that lease it has since been on a year to year basis of the City continuing to utilize it, improve it, plow it and so forth; so for the last nine (9) years it essentially is a year to year lease hold interest only which bring us to the current time and the reason for appearing before the Board today is because the Redevelopment Commission would like to make the property a “town square”, which would improve the landscaping, place artwork to the wall to the north to make it a more conducive and inviting environment for people to want to visit. Mr. Price expressed his concerns in investing the monetary amount needed to make the improvements with the City having only a short-term or limited interest which could be terminated. Mr. Price proposed a Lease that had been forwarded to Corporate Counsel Espar for review, and provided the Board with a copy, that would be for a longer term and very similar to the one that was executed 1985; and this is merely for the purpose of advising the Board of Public Works and Safety at this point that the Redevelopment Commission would like to go to the Methodist Church and make sure they are still in agreement or if they have any tweaks that they would like to have entered into the Agreement, and then bringing back a finalized document for the Board’s approval. Mr. Price stated after the finalized Agreement has been signed by the Board they can then go forward with having a long-term commitment and Mr. Khalil could start the engineering process and hopefully have the project well in hand by the completion of summer. Craig Phillips, City Planner addressed the Board regarding the Agreement stating this is perfectly in-line with the intention of the use of that property and the partnership that had been discussed in the past and carrying this forward. Hesham Khalil, Global Engineering & Land Surveying addressed the Board stating the estimated costs as it stands right now is $500,000.00 to $600,000.00 for the improvements to this lot and the artists wall. Mr. Phillips stated the improvements are three-fold: a parking lot, an event space and alternate storm water management facility for that downtown area. Mr. Khalil explained that a grant has been applied for by the Redevelopment Commission which is called the 319 Grant through the Soil and Water Conversation District for enhancement for the storm water that comes into the lot, and will enhance the Trail Creek Watershed. Discussion ensued between the Board, Corporate Counsel John Espar, Mr. Price and Mr. Phillips regarding the proposed project, and the final draft of the Agreement; and the possible sale of the property from the Church to the City. Vice-President Carnes advised the Board will take no action on this matter until the next meeting. CHANGE ORDER – Indiana Department of Transportation Construction Change Order and Time Extension Summary – Traffic Signal Items Regular Meeting – May 5, 2014 Page 10 Charles “Spike” Peller, City Engineer addressed the Board explaining this Change Order is for the Phase II of the Michigan Boulevard project, and reflects a negative amount. Michael Palmer reiterated that the Change Order is for traffic signals and is costing the City less. Michael Palmer made the motion to approve the Change Order presented this morning from the Indiana Department of Transportation. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. PETITION – Richard Fritz, Rustic Fencing Inc. is requesting a Change Order to the current plans of (installing a strip of grass) in replacement of a safety shoulder of asphalt in the neighborhood of Rustic Fencing, Inc. The following correspondence was received in the City Clerk’s Office on April 30, 2014 from Attorney Michael S. Bergerson, 601 Franklin Street, Suite 200, Drawer K Attention: Michael Palmer, President of Board of Public Works & Safety Re: Petition of Rustic Fencing for Change Order/Michigan Blvd. project Enclosed please find the petition of Rustic Fencing requesting a change order in the Michigan Boulevard reconstruction project. Please place the matter on the agenda of the next regularly scheduled meeting of the Board of Works. Thank you. If you should have any questions, please feel free to contact my office. Attorney Michael Bergerson addressed the Board explaining he represents Richard Fritz of Rustic Fencing, 2904 E. Michigan Boulevard, who is requesting a Change Order in the Michigan Boulevard reconstruction project to keep the concrete safety shoulder in front of his business/residence instead of the grass strip that is being put in. Attorney Bergerson further explained that Mr. Fritz has also purchased the property between his business/residence and the old Pawloske property/Trail Creek access point, and has plans to improve the property. Attorney Bergerson stated Mr. Fritz is asking for the same type of off street parking that has been provided to other businesses along Michigan Boulevard in Phase I of the reconstruction project; and a meeting with the City Engineer along with the Project Engineers to further the discussion and come to some type of resolution. Richard Fritz, Rustic Fencing Inc. 2904 E. Michigan Boulevard, addressed the Board regarding the petition and requested Change Order; asking the Board to reconsider the current plans to eliminate the safety shoulder that is currently in front of his business/residence. Michael Palmer addressed the Board, Attorney Bergerson and Mr. Fritz stating he has no problem asking that the City Engineer and Project Manager meet with them to come up with some way to accommodate them; and would like to include the Refuse Department and any other departments that may be affected by this change. Michael Kuss, General Manager Michigan City Sanitary District, addressed the Board stating it is his understanding that the Refuse vehicles utilize this area for the trash pickup and will be Regular Meeting – May 5, 2014 Page 11 meeting with the Project Engineers at 11:00 a.m. this morning to discuss this and other issues regarding routing sewers on the project. Charles “Spike” Peller, City Engineer addressed the Board regarding the requested petition/change order, stating the normal process for a project like this is an INDOT functioning project and basically paid for by Federal Gasoline Taxes, and part of the process is to have a public meeting which the City had for issues such as this. Discussion ensued between the Board and Mr. Peller regarding when the public meetings were held. Mr. Peller stated the meetings were held years ago. Eric Wolverton, American Structure Point Senior Project Manager, addressed the Board regarding the petition/change order and the response of American Structure Point regarding the outlined design issues. Mr. Wolverton stated Michigan Boulevard is classified as an arterial roadway throughout the corridor that includes both Phase I and Phase II, which include differences in design speeds. Mr. Wolverton explained that Phase II of the project increases in speed limit from 35 mph to 45 mph to 55 mph design speeds; explaining that once the speeds increase the classification as INDOT looks at that roadway changes from a built up environment to a suburban environment, and so the design criteria that they have to follow in designing the roadway changes as well. Further discussion ensued between the Board and Mr. Wolverton regarding the speed limits for the boulevard. Mr. Wolverton stated they were instructed by the City to keep the current speed limits. Vice-President Carnes addressed Craig Phillips, City Planner regarding the new Trail Creek access point. Mr. Phillips explained there is an existing curb-cut there which will allow access to that property. Discussion ensued regarding the possible use of the Trail Creek entrance for deliveries to Rustic Fencing Inc.; and safety concerns for vehicle traffic. Michael Palmer asked that the City Clerk’s Office forward a copy of the response from American Structurepoint to Mr. Fritz and Attorney Bergerson. Vice-President Carnes stated the item will be addressed again at the next meeting. RETIREMENT – Michigan City Fire Department announces the retirement of Mark Donaldson, effective April 27, 2014 with 28 years of service The following correspondence was received in the City Clerk’s Office on April 21, 2014 from Fire Chief Ronnie Martin: To the members of the Board of Works: The Michigan City Fire Department proudly announces the retirement of Mark Donaldson effective April 27th, 2014. Mark served the department for over 28 years. Note: For information only. Regular Meeting – May 5, 2014 Page 12 CLAIMS AND PAYROLL Michael 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 Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). 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 3 05/01/2014 $228,753.78 1 of 9 05/02/2014 $389,436.60 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment as follows: Page Date Amount 1 of 3 05/01/2014 $68,143.38 1 of 1 05/01/2014 $119,024.46 1 of 1 05/02/2014 $379,822.83 1 of 1 05/05/2014 $7,551.02 UNFINISHED BUSINESS – Pending Items Pending Item – Smoking in City Vehicles Vice-President Carnes addressed the Board regarding smoking in the City vehicles; stating this will be addressed at the June 2, 2014 meeting. Corporate Counsel John Espar addressed the Board asking if members of the Healthcare Industry would be invited to that meeting; asking that the American Cancer Society, LaPorte Regional Health and Franciscan Alliance be asked to attend. Vice-President Carnes directed the City Clerk’s Office to send letters to IU Health, Franciscan Alliance and American Cancer Society. Pending Item – Acuity ES License Agreement Corporate Counsel John Espar addressed the Board stating he would have the Agreement prepared for the second meeting in May. Pending Item – AT&T License Agreement to utilize City right-of-way Corporate Counsel John Espar addressed the Board stating he is continuing to work with AT&T and their Attorney’s on the License Agreement for the placement of the VRAD device. Regular Meeting – May 5, 2014 Page 13 Pending Item – Painting of the Lighthouse Corporate Counsel John Espar addressed the Board regarding the Painting of the Lighthouse, stating the Redevelopment Commission has generously authorized the expenditure of funds to cover half of the costs of the project not to exceed $80,000.00 with the Mayor requesting the balance of the project be financed by the Port Authority who’s Board authorized that by motion last week. Pending Item – Daniel D. Bruce Memorial Craig Phillips, City Planner addressed the Board stating all of the elements of the project with the exception of the citation plaque have been ordered and are on their way and expected for delivery in time for the event, as well as the landscaping and other improvements to be made surrounding the Memorial are on scheduled to be completed prior to the event. Pending Item – Trail Creek signs Craig Phillips, City Planner addressed the Board regarding the installation of the Trail Creek signs, stating he has a meeting with the Solid Waste District and the Trail Creek Water Shed Management Group to discuss the possibilities for that. Pending Item – City Street signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report on the City Street signs at this time. Pending Item – Sale of City Property-US Hwy 20 & Cleveland Avenue adjacent to Fire Station Craig Phillips, City Planner addressed the Board stating one (1) bid has been received to date; and the bid process is for thirty (30) days from the date of issuance. Pending Item – 111 Franklin Street (Ice Cream Parlor) Craig Phillips, City Planner addressed the Board stating progress is being made at the location known as the Ice Cream Parlor (111 Franklin Street). Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop, stating there is nothing new to report at this time. Regular Meeting – May 5, 2014 Page 14 Pending Item – 515 Union Street-Installation of Street Light in Alley Charles “Spike” Peller, City Engineer addressed the Board stating NIPSCo has been instructed to install a “dusk to dawn” light there. Pending Item – 704 W. 9th Street-removal of curbing Charles “Spike” Peller, City Engineer addressed the Board stating this will be done under the 2014 Sidewalk and Paving program. Mr. Peller informed the Board that he is working with the owner of the property to get the access area worked out. Pending Item – Signage to identify US Hwy 12 & Michigan Boulevard Charles “Spike” Peller, City Engineer addressed the Board stating he is working with the Planning Department on this. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating they are waiting on this as there is a lot of work being done in the area with the Sanitary District and once that is done they will proceed with this project. Pending Item – Crosswalk Michigan City High School Charles “Spike” Peller, City Engineer addressed the Board regarding the crosswalk project for the Michigan City High School; explaining they are in the planning stages for this project. Pending Item – Installation of street light at 1010 Providence Charles “Spike” Peller, City Engineer addressed the Board regarding the installation of a street light at 1010 Providence stating the Corporate Counsel Espar has drafted an Agreement; and he has had conversations with the homeowner regarding the placement of the pole/street light, and is waiting to hear back from them. Pending Item – Installation of street light at 112 Davis Drive Charles “Spike” Peller, City Engineer addressed the Board regarding the installation of a street light at 112 Davis Drive stating he has sent a letter to NIPSCo to proceed with that. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating they do have a design and is proceeding forward in conjunction with the City Street and Sidewalk program and the Sanitary project that is going on there. Regular Meeting – May 5, 2014 Page 15 Pending Item – 124 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 124 Green Street, stating the demolition is well underway and anticipates it will be completed in the next couple of days. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating he is still working with Corporate Counsel John Espar on researching the new IDEM regulations to be sure the City is in total compliance and will be sending out notice in the near future to continue on with the demolition process. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating he is still working with Corporate Counsel John Espar on researching the new IDEM regulations to be sure the City is in total compliance and will be sending out notice in the near future to continue on with the demolition process. Old Business/Pending Item – 324 Chestnut Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 324 Chestnut Street, stating the owners called him regarding the capping of the sewers and he will be doing a site inspection this week. Old Business/Pending Item – 324 Douglas Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 324 Douglas Street, stating that demolition is to start today. Old Business/Pending Item – 910 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 910 Green Street, stating that demolition is complete. New Business/Pending Item – 904 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 904 E. Michigan Boulevard stating due to the new IDEM regulations for the removal of asbestos this demolition has been put on hold. Corporate Counsel John Espar addressed the Board regarding the asbestos issues and the new Indiana Department of Environmental Management require asbestos inspection to occur on residential structures whenever four (4) or more structures are paid out of the same fund within a one (1) year time frame. Counsel Espar further explained IDEM’s website indicates Regular Meeting – May 5, 2014 Page 16 that asbestos inspections and subsequent notification to IDEM for demolitions is appropriate for all facilities except residential buildings that have four (4) or fewer dwellings units must be inspected by an Indiana Licensed Asbestos Inspector prior to the commencement of demolition or renovation activities. Counsel Espar stated it appears that on IDEM’s website to suggest that when a demolition involves a structure with less than four (4) dwelling units in it, when it’s a residential structure, inspections are not required. Counsel Espar further explained that he took that information and has gone to the specific administrative code that regulates and defines the requirements for inspections and under the code it provides - for the record the code is 326-IAC Indiana Administrative code 14-10-1 under sub-paragraph a it provides in relevant part, the owner or operator of a demolition or renovation activity prior to the commencement of the demolition shall use and Indiana Licensed Asbestos Inspector to inspect the affected facility or part of the facility where the demolition or renovation will occur for the presence of asbestos. Counsel Espar went on to explain the rest of the code, which still referenced excluding residential buildings having four (4) or fewer dwelling units, and protocol that will be used. New Item/Pending Item – 212 w. Barker Avenue Russ Hatfield, Code Enforcement Officer addressed the Board stating the owner has been notified regarding the porch that is falling down and a permit has been issued for the repairs. PUBLIC COMMENTS Vice-President Carnes asked if there were any comments from the public. Duane Parry, Councilman 5th Ward, 2206 Maple Street addressed the Board regarding the request for the installation of a 3-way flashing red light at the intersection of Tilden and Coolspring Avenues commending Officer Loniewski for his due diligence on this matter. Councilman Parry stated the request was submitted to him from a residence of the 5th Ward supported by two (2) other that live in the immediate area of the intersection. Councilman Parry stated this is a problem area as far as rolling stops; and stated he appreciated the Board referring the item to the City Engineer, Mr. Peller. Vice-President Carnes asked if there were any other comments from the public. Russ Hatfield, Code Enforcement Officer addressed the Board regarding complaints for the 1st Fridays/Uptown District events and vendors coming in without proper permitting. Dot Kesling, Luxe Wagon a mobile fashion merchant, addressed the Board regarding getting the proper permits to participated in the 1st Friday events; asking the Board to issue a transient vendors license for this. Ms. Kesling informed the Board that she has paid her dues to the Michigan City Mainstreet to participate in the 1st Friday events. Vice-President Carnes stated this would be referred to the Controller’s Office as they issue the licensing for the vendors. Gale Neulieb, City Clerk addressed the Board stating Mrs. Kesling would still need to petition to the Board for the Transient Vendors License. Regular Meeting – May 5, 2014 Page 17 Discussion ensued between the Board, Corporate Counsel John Espar, Craig Phillips City Planner, Shem Kahlil Michigan City Mainstreet, Russ Hatfield Code Enforcement Officer and Mrs. Kesling regarding the Transient Vendor’s License and the Michigan City Mainstreet’s 1st Friday events. Vice-President Carnes made the suggestion that the Michigan City Mainstreet Association be the deciding voice as to who can participates in the 1st Friday events as they do for the Farmer’s Market. Corporate Counsel Espar stated a Memorandum of Understanding could be used like the one the City presently has with the Mainstreet Association for conducting the Farmer’s Market. Vice-President Carnes addressed City Planner, Craig Phillips asking if he would have the opportunity to initiate discussions with the Mainstreet Association towards some sort of agreement. Craig Phillips, City Planner addressed the Board stating he wants to take a look at what other cities have done in terms of policies. Mr. Phillips stated his department is going to work with the Mainstreet Association as a major stakeholder involved in this conversation, and to also take a larger look at an overall policy for this type of issue. Mr. Phillips further stated he will come back to the Board at the next meeting with an initial recommendation as to how to proceed. Vice-President Carnes asked if there were any other comments from the public. Shem Kahlil, 601 Franklin Street, on behalf of Mainstreet Association addressed the Board to renew the contract for the Farmer’s Market. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Kahlil regarding the Farmer’s Market Agreement. Corporate Counsel Espar stated there should be no problems with the Board renewing the Agreement for another year; and make a revision to the Agreement to allow for automatic renewal in the absence of a letter of termination by the City or the Mainstreet Association thirty (30) days before the renewal date. Michael Palmer made the motion to authorize the Farmer’s Market to continue under the current contract for this year and an Addendum with a Certificate of Liability Insurance filed in the City Clerk’s Office. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. Vice-President Carnes asked if there were any other comments from the public. John Chalikan, 609 Franklin Street addressed the Board requesting security camera’s be installed in the Uptown Arts District for safety. Vice-President Carnes asked if there were any other comments from the public. Elder David McCray, Advancing Christ Kingdoms Ministry, 1428 E. Michigan Boulevard and 1407 E. Michigan Boulevard addressed the Board requesting permission to be allowed to have a crossing guard to help with pedestrian crossing between locations. Elder McCray stated a member of the church would the crossing guard at the intersection of Michigan Boulevard and Jackson Street on Tuesday nights at 6:00 p.m. and Sunday mornings at 8:00 a.m. until 2:00 p.m. Regular Meeting – May 5, 2014 Page 18 Discussion ensued between the Board, Corporate Counsel Espar, Lt. Jeff Loniewski M.C.P.D. Traffic Division and Elder McCray regarding the request. Lt. Loniewski stated he is aware of the intersection/situation; and that the crossing guards for the schools are employed by the City and supervised by his department. Lt. Loniewski further stated he would be more than happy to work with Elder McCray to get them the resources to secure the proper Stop signs and safety vests; and in lieu of any legal issues would approve of the request. Vice-President Carnes asked if there were any other comments from the public. Paul Neithammer, 125 Lakeshore Drive addressed the Board regarding concerns he has with the safety of crossing guards. Vice-President Carnes asked if there were any other comments from the public. There was no response. BOARD COMMENTS Vice-President Carnes asked if there were any Board comments. There was no response. ADJOURNMENT Vice-President Carnes inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:55 a.m.). Michael Palmer made the motion to adjourn. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk