Board of Public Works & Safety

REGULAR MEETING – August 18, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, August 18, 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 President Steve Janus, who presided. Noted present: Steve Janus, Sharon Carnes and Michael Palmer (3). Absent: none (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Sgt. Ken Havlin, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Ben Neitzel, Superintendent Central Maintenance Donna Pappas, City Controller Bob Zondor, Superintendent Central Services 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 4, 2014. Michael Palmer made the motion to approve the minutes from the regular meeting of August 4, 2014. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO HOLD WALK – Ed Merrion, Chairperson, Homeward Bound Committee is requesting approval for the 10th Annual Homeward Bound Community Walk to be conducted on Saturday, September 27, 2014 from 10:00 a.m. to 12:00 p.m. The following correspondence was received in the City Clerk’s Office on August 4, 2014 from Ed Merrion, Chairperson, Homeward Bound Committee: This letter is to request permission to utilize city roadways, as described below, for the tenth annual Homeward Bound Community Walk, to be conducted on Saturday, September 27, 2014 from 10:00am to 12:00pm in collaboration with eight agencies that deal with the homeless in LaPorte and Porter Counties. The LaPorte County agencies involved include The Stepping Stone Shelter for Women, Inc., Regular Meeting –August 18, 2014 Page 2 Catholic Charities of LaPorte County, LaPorte County Habitat for Humanity, Michigan City Housing Authority, the Sand Castle Family Shelter, the Interfaith Community Men’s Shelter, A Hand Up, Inc., and Gabriel’s Horn Family Shelter. Our fiduciary agent is the Unity Foundation of LaPorte County. The route that we are proposing is the same that has been used for the last 9 years. Participants will proceed east out of Washington Park down Lakeshore Drive to north on California, east on Colfax, south on Nevada, east on Lakeshore Drive to Beachwalk, through Beachwalk and back via the same route. We are checking all clearances necessary from the Parks and Recreation Dept. to utilize the park, and are verifying that all of the participating agencies carry insurance riders to provided proper coverage and indemnify the City of Michigan City, the Parks & Recreation Dept. and all affiliates and volunteers. We are anticipating approximately 150 participants at this year’s event. We hope you will again honor our request for this event for our agencies. If you have any questions, please contact me at 879-9312. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board stating this is an annual event and have had no problems in the past; recommending approval. Vice-President Carnes made the motion to approve the Homeward Bound Committee tenth annual walk on September 27, 2014 between 10:00 a.m. and 12:00 p.m. pending receipt of their Certificate of Liability Insurance in the City Clerk’s Office prior to the event. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST FOR NO PARKING SIGNS – Jeff Pickford, St. Stanislaus Cemetery is requesting the placement of “No Parking” signs on Greenwood Avenue along the cemetery The following correspondence was received in the City Clerk’s Office on August 7, 2014 from Jeff Pickford, St. Stanislaus Cemetery, 1015 Greenwood Avenue: Type of Request: Put up No Parking Signs Walkers are parking their vehicles outside our cemetery on the newly planted grass that was put there by D&M after sewer work. Also it is hard for people leaving cemetery exiting onto Greenwood to see oncoming traffic with these cars parked there. President Janus asked if Mr. Pickford was present to address the request; there was no response. Discussion ensued between the Board regarding signs that are currently placed there and the issue with cars parking and tearing up the new grass. President Janus stated the item will be held over until a representative is present to address the matter before the Board. SOLICITATION OF BIDS – Ben Neitzel, Director of Central Maintenance requests approval to solicit bids for the sale of surplus equipment that failed to sell in the last bidding process  Regular Meeting –August 18, 2014 Page 3 The following correspondence was received in the City Clerk’s Office on August 11, 2014 from Ben Neitzel, Superintendent Central Maintenance: Please place me on the agenda with the request to sell the attached equipment that failed to sell in the bidding process. Back Yard equipment Dept. Type Year Make Model Ser/vin Mileage Problem Reserve ST. TK 1982 Mack U606T 1M2W111C3BA001366 84,176 Runs $ 800.00 Park Sanitizer 2004 Cherrig 4000 ? N/A Doesn’t run $ 250.00 ton Vector TK 1980 Ford F-700 F70HVG2758 27,096 Fly Wheel/starting $ 800.00 Vector Spreader N/A Fire Fire TK 1990 Pierce tanker 4P1CT01F8LA00244 7,469 Pump seized and tank leaks $ 2,500.00 Ben Neitzel, Superintendent Central Maintenance addressed the Board regarding the request stating he has an interested buyer for all the items at the “reserve” price set by the City; explaining this would not be a solicitation of bids as that has been done, but rather a sale of the property that did not receive any bids; further stating the law indicates that if it’s one or more pieces but the aggregate total is under $5,000.00 the items could be sold this way (lump sum sale) without bidding/public notice advertisement; asking the Board for approval. Michael Palmer made the motion to allow Mr. Neitzel to proceed with the sale of the items at the “reserve” price. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO HANG BANNERS – Diana Karpinski, representing the Michigan City High School Football Program is requesting to place banners along Franklin Street of Seniors playing their final year and who have displayed a great amount of dedication towards the Program and the community The following correspondence was received in the City Clerk’s Office on August 12, 2014 from Diana Karpinski, 1721 N. Shebel Road: Type of Request: Hanging of football Banners – would like permission to hang Senior Banners on posts. The area would be on Franklin Street from Coolspirng Avenue to Ames Football field. Banners will be ordered next week & should have back w/in a couple of weeks. Would like to put up on a Sunday early a.m. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board regarding the request; stating the Traffic Division has no objections. Discussion ensued between the Board regarding who allows this and liability issues. Gale Neulieb, City Clerk addressed the Board explaining the City has allowed this annually for the past three (3) years. Further discussion ensued between the Board regarding liability insurance. President Janus suggested the Board could allow it pending approval by legal. Vice-President Carnes made the motion to grant permission pending approval by our legal counsel for the hanging of football banners on Franklin Street. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting –August 18, 2014 Page 4 REQUEST FOR PARADE PERMIT – Keith Harris, President of Remembering Our Veterans, Inc. is requesting a parade permit for a Veterans Parade to take place on Saturday, November 8, 2014 The following correspondence was received in the City Clerk’s Office on August 12, 2014 from Keith Harris, President Remembering Our Veterans, Inc.: Remembering Our Veterans, Inc. is a newly formed not-for-profit corporation whose mission is to organize and promote activities recognizing and honoring active members and veterans of the armed forces of the United States of America. To that end, we are requesting to be placed on the agenda for the August 18, 2014 meeting of the Michigan City Board of Public Works & Safety for the purpose of requesting a parade permit for a Veterans Parade to take place on Saturday November 8, 2014. Please advise as to the receipt of this request as well as the placement on the agenda. Keith Harris, President Remembering Our Veterans, Inc. addressed the Board regarding the request stating Remembering Our Veterans is a newly formed not-for-profit organization; requesting a parade permit to hold a Veterans Day Parade on Saturday, November 8, 2014; explaining the parade route would be along Franklin Street from 10th Street to 4th Street with a starting time of 10:00 a.m.; further explaining they will be happy to provide the insurance required by the Board. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board regarding the request; stating the Traffic Division has no objections to holding the event; explaining this will cost approximately $800.00 in overtime, and the route they want to take is similar to other parades. Mr. Harris addressed the Board stating they have a major sponsor in NIPSCo. for this event and there will be more. Michael Palmer made the motion to allow them to hold a parade on Saturday, November 8, 2014 beginning at 10:00 a.m. from 10th Street to 4th Street along Franklin Street provided they provide proper insurance prior to the event. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Mr. Harris asked the Board who he would need to check with regarding the insurance requirements; the Board directed Mr. Harris to check with the City Clerk’s Office. REQUEST FOR 5K WALK – Jeremy Kienitz, Recreation Director of the Michigan City Parks and Recreation Department requests to have their 2nd Annual Run, Walk, & Roll 5K on Saturday, November 22, 2014 from 9:00 a.m. to 10:00 a.m. The following correspondence was received in the City Clerk’s Office on August 12, 2014 from Jeremy Kienitz, Recreation Director Michigan City Parks and Recreation Department: The United Way of LaPorte County, along with the Michigan City Parks & Recreation Department, Blue Chip Casino, IU Health, & the Northwest Athletic Club, is planning our 2 nd Annual Run, Walk & Roll 5K on Saturday, November 22, 2014. The 5K will start and finish in the Blue Chip Casino parking lot. Collectively, we are requesting road closures for this event from 9am – 10am. We Regular Meeting –August 18, 2014 Page 5 have been in contact with Lt. Jeff Loniewski, Michigan City Police Department about the event. Upon approval from the Board of Works, we are requesting the following closures of roads for the 2nd Annual Run, Walk and Roll 5K: Run for the Kids 5K Route (Map is attached): Crossing of Hwy 12 from Blue Chip Casino Center Street Crossing of Lake Shore Dr. from Center Street into Washington Park Proceeds from this event will be donated to support LaPorte County Families at Riley Children’s Hospital. If you have any further questions, I can be reached at (219) 873-1506. Thank you for your consideration in assisting our event. Jeremy Kienitz, Recreation Director Michigan City Parks and Recreation Department addressed the Board regarding the request; explaining the route and alternate route pending weather conditions, and that they would request assistance from the Michigan City Police Department for the crossing of US Hwy 12 from the Blue Chip Casino lot and the crossing of Lake Shore Drive at Center Street into Washington Park and the return route back to the Blue Chip Casino parking lot. Mr. Kienitz stated that the Certificate of Liability Insurance was just received from the United Way of Greater LaPorte County for the event and he will forward to the City Clerk’s Office. Mr. Kienitz explained this item will be on the Park Board agenda for this Wednesday for their approval; asking the Board for their approval. Discussion ensued between the Board and Mr. Kienitz regarding the use of sidewalks and roadways for the event. Mr. Kienitz stated there will be no complete closures of any roads. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board regarding the request; stating the route selected is similar to the route they have allowed Blue Chip Casino to take and have had no issues; further stating the Traffic Division has no objections. Vice-President Carnes made the motion to grant the request for the 2nd Annual Run, Walk & Roll 5K on Saturday, November 22, 2014 from 9:00 a.m. to 10:00 a.m. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. 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 Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 10 08/08/2014 $432,321.48 1 of 1 08/08/2014 $358,189.68 Regular Meeting –August 18, 2014 Page 6 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 3 08/14/2014 $238,598.84 1 of 1 08/18/2014 $3,575.05 UNFINISHED BUSINESS – Pending Items President Janus stated that Corporation Counsel was not present so the first item to be addressed would be: Pending Item – Placement of signage around Marquette Catholic High School Skyler York, Assistant City Planner informed the Board that the request will go before the Historic Review Board at their August meeting for review and consideration. Pending Item – 111 Franklin Street (Ice Cream Parlor) Russ Hatfield, Code Enforcement Officer addressed the Board stating Mr. Ziola has been in very frequent contact with him, and that the decking has been started on the front upper portion of the building, and has supplied him with a letter from the glass company that the windows will be delivered directly from the factory tomorrow, and the sewer is being scheduled by the plumber, and the Engineer from NIPSCo. will be there as well for the electric tie in. Mr. Hatfield explained that the demolition process will still continue and he is waiting to meet with Corporate Counsel John Espar on some questions he has on the title search. Pending Item – Request for Handicap Parking Sign-Effie Lee Williams – 320 Pleasant Avenue President Janus addressed Charles “Spike” Peller, City Engineer, asking if he was able to come up with anything different on the matter. Mr. Peller addressed the Board stating a Task Force comprised of a member of the police department, the attorney, someone from the Planning Department and himself to look into alternatives to “handicap parking sign” requests. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop stating he has a design; however he does not have a price for the work and once they do it will be bid out and completed. Regular Meeting –August 18, 2014 Page 7 Pending Item – Burn Em Brewing/Freyer Road pedestrian crossing Charles “Spike” Peller, City Engineer addressed the Board regarding the request for pedestrian crossing on Freyer Road for Burn Em Brewing, stating he is working with the owner to have them put up a private light rather than a NIPSCo. light due to cost. Mr. Peller stated he will work with them to be sure the wattage and type of light they are putting up is sufficient for the purpose that it is meant for. Pending Item – CSX request for guardrail and curve ahead signage Mr. Peller, City Engineer addressed the Board regarding the request stating a guardrail would cost about $6,000.00, and the cost for the warrant study is about $5,000.00; asking the Board if they want him to have a guard rail installed. Discussion ensued between the Board and Mr. Peller regarding the installation of the guard rail and saving the $5,000.00 for the cost of the warrant study. Mr. Peller stated the Board may not spend $1,000.00 if it’s not warranted; asking the Board if they wanted him to proceed. Vice-President Carnes made the motion to go ahead with a guard rail at the CSX railroad crossing at Earl and Hitchcock Roads. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating he recently met with Fire Chief Ronnie Martin and a number of others out in that area to determine what the best method of fire protection would be for that area. Mr. Peller explained one of the ideas Chief Martin proposed was the purchase of a new fire apparatus called a “BRONTO”, which he has scheduled to be in the area tomorrow, August 19, 2014, to see what it can and can’t do; and the group that is looking into the fire protection for that area will be able to make a report on that; i.e., does the City put in a road or purchase the fire apparatus, and the cost effectiveness of each; further stating he believes the cost of the fire apparatus is about 1.5 million dollars, but then roads are not cheap either. Mr. Peller informed the Board the fire apparatus display will occur at 10:00 a.m. on August 19, 2014 at Fire Station No. 2, which is located on E. US Hwy 12; inviting anyone interested to follow along. 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 stating he is working with Gary Evers, who is with NIRPC. Mr. Peller explained the problem with getting the funding from NIRPC is that there are a lot of regulations that go along with it, and since this is a rather small project (approximately $30,000.00) going through the process of getting the money from NIRPC would probably triple the cost of the project. Mr. Peller proposed the City just do the project with the paving and sidewalk program, within the right-of-way on Pahs Road; further explaining that he would like to put in the cross-walk lights that he presented to the Board previously, which cost about $10,000.00; and the City already has the bus stop which would require some Regular Meeting –August 18, 2014 Page 8 concrete. Mr. Peller stated he would like to get this project done sooner than later; asking the Board if that was agreeable. Discussion ensued between the Board and Mr. Peller regarding the specific requirements NIRPC would require. Mr. Peller explained the City would have to go through the selection process for the design of the project and the bidding process; further explaining that on small projects like this you can triple the cost of doing the work. Mr. Peller explained a project that the City is working on for signs; stating an Engineer has to be selected and then getting bid proposals which in the end cost considerably more than the construction value is. Mr. Peller stated he feels the best thing would be to save the NIRPC process for bigger projects. Further discussion ensued between the Board and Mr. Peller regarding if the project could be completed this year. Mr. Peller stated it is dependent on getting the rectangular rapid flash beacon for the project; further stating setting up the bus stop and installing sidewalks on either side within the right-of-way would be a good start for this process. Vice-President Carnes made the motion to request that the City Engineer proceed with his plans for the crosswalk zone for the Michigan City High School. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – Installation of street light at 1017 Providence Charles “Spike” Peller, City Engineer addressed the Board regarding the installation of a street light at 1017 Providence, stating the street light is scheduled to be installed by NIPSCo. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating the Mayor is waiting for a phone call from AT&T to see where they are on that. Discussion ensued between the Board and Mr. Peller regarding an email from Global Engineer stating the pole is in the City’s right-of-way, and is impeding the project and the City should have the right to have the pole removed. Michael Palmer addressed Mr. Peller stating the pole is impeding on the progress of the intersection improvements, and that the City should look at going after AT&T saying they are interfering with the improvements to the intersection to reduce the amount of traffic accidents happening and the traffic flow surrounding the pole causing an issue and needs to be moved. Mr. Peller stated the Mayor is working with his contact with AT&T for that purpose. Mr. Palmer stated Mr. Khalil of Global Engineering is working with AT&T and submitted drawings to them to look over, without having to put a deposit down. Regular Meeting –August 18, 2014 Page 9 BOARDS APROVAL – Michigan City Community Enrichment Corporation By-Laws President Janus addressed the Board regarding the approval of the By-Laws for the Michigan City Community Enrichment Corporation; advising he is on the Enrichment Board and they have abided by all the State requirements in the By-Laws. President Janus made the motion to approve the Michigan City Community Enrichment Corporation By-Laws pending Corporate Counsel’s approval. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Pending Item – Sinking/receding property at northwest corner of Franklin & 7th Streets Russ Hatfield, Code Enforcement Officer addressed the Board regarding the sinking/receding property at the northwest corner of Franklin and 7th Streets; stating he would like to get with the Sanitary District and have them take a look at that to see if there are possibly some underlying issues, like say with past demolitions maybe a couple of the sanitary drains may have been left open for the sewer, and have them check that out to see if that’s what the cause of the problem is. Pending Item – 807 E. Coolspring Avenue-unsafe structure/public nuisance Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 807 E. Coolspring Avenue, stating this will be a voluntary demolition by the owner, and they are just waiting on NIPSCo disconnects. Discussion ensued between the Board and Mr. Hatfield regarding how long the owner has to get the demolition completed. Mr. Hatfield stated when they come in to pull the permit he will put a thirty (30) day timeline on it. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating this is still on track to be to be in front of the Board for a demolition hearing next month. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating this is still on track to be to be in front of the Board for a demolition hearing next month. Old Item – 904 E. Michigan Boulevard Discussion ensued between the Board and Mr. Hatfield regarding the process for the demolition of the structure at 904 E. Michigan Boulevard. Mr. Hatfield explained that with the costs for that demolition it is still on hold as the project is estimated at approximately Regular Meeting –August 18, 2014 Page 10 $40,000.00 to $60,000.00. Mr. Hatfield informed the Board that he spoke with Judy Pinkston, Community Development Director, regarding funding from her office that he may be able to utilize for some of the future demolitions, which would open up some money back from his funding for that project; explaining if the property is still privately owned it will go through the lien process just like the rest of them. PUBLIC COMMENTS President Janus asked if there were any other comments from the public. There was no response. BOARD COMMENTS President Janus asked if there were any Board comments. Craig Phillips, City Planner entered the Chamber and was noted present. Michael Palmer addressed Mr. Phillips about the Pickled Turnip’s fencing placement. Mr. Phillips stated the fencing meets the requirements as set forth in the ADA standards. Discussion ensued between the Board and Mr. Phillips regarding the fencing and ADA requirements. Mr. Phillips stated the “Excise” Police have also reviewed and approved their plan as well. Mr. Phillips stated they can go out and review it again. Further discussion ensued between the Board and Mr. Phillips regarding changes that may need to be made to the “Outdoor Dining” standards to comply with “Excise” police requirements. Mr. Phillips stated that “ropes” that were originally allowed in the “Outdoor Dining” standards are no longer allowed as a barrier for outdoor dining. Mr. Phillips stated he will review and update the standards and bring back some suggested revisions for the Boards approval. Pending Item – Trail Creek signs Craig Phillips, City Planner addressed the Board stating he has nothing new to report at this time; he is still waiting for some type of official paperwork indicating the location of all the signs from the County. President Janus asked if there were any other Board comments. There was no response. 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 09:35 a.m.). Vice-President Carnes made the motion to adjourn. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk