Board of Public Works & Safety

REGULAR MEETING – November 3, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, November 3, 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: John Espar, Corporate Counsel 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 Craig Phillips, City Planner Donna Pappas, City Controller Amber LaPaich, City Attorney Robin Tillman, M.C. Transit Director Kalon Kubik, Mayor’s Administrator Bob Zondor, Superintendent Central Services Yvonne Hoffmaster, Deputy City Controller Andy Matanic, IT Director Jeff Dietch, Human Rights Director Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of October 20, 2014. Vice-President Carnes made the motion to approve the minutes from the regular meeting of October 20, 2014. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. PROCLAMATION – Arbor Day Proclamation President Janus read the following Proclamation: Regular Meeting – November 3, 2014 Page 2 Proclamation Whereas: in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and this holiday, Arbor Day, was first observed with the planting of more than one million trees across the plains of Nebraska; and Whereas: November 8, 2014 marks the 142nd anniversary of this holiday, and Arbor Day is now observed across the nation and throughout the world; and Whereas: trees are one of mother nature’s greatest renewable resources giving us wood for construction, fuel for our fires, and paper to correspond; and Whereas: trees are a friend to earth and its inhabitants by reducing the erosion of precious topsoil via wind and water, trees absorb atmospheric harming carbon dioxide while releasing life sustaining oxygen, and trees moderate the temperature, all the while providing a habitat for a myriad of wildlife; and Whereas: trees, wherever they are planted, are a source of spiritual joy and renewal, trees increase property values, enhance the vitality of business areas, and beautify the overall look of our community; and Whereas: The City of Michigan City is most fortunate to have dedicated members of our Tree Board working effortlessly to provide a cleaner, healthier, more tree filled Michigan City. Now Therefore, I, Mayor Ron Meer, of Michigan City, Indiana do hereby proclaim November 8, 2014 as: ARBOR DAY In the City of Michigan City, and urge all citizens to support efforts to protect our trees and woodlands, and further urge all citizens to plant a tree in the benefit of this and future generations. Dated this 8th day of November, 2014 Ron Meer, Mayor, City of Michigan City Note: For Informational Purposes. REQUEST FOR SIGNAGE – Corrine Matthews, Priscilla Morris, James Leonard-Providence and Salem Street Neighborhood Watch The following correspondence was received in the City Clerk’s Office on October 28, 2014 from Corrine Matthews, Priscilla Morris, James Leonard of the Providence and Salem Street Neighborhood Watch Group: Type of Request: Street signs for our children. We are seeking neighborhood watch, slow children playing and deaf child signs to better protect our neighborhood. Priscilla Morris, 1021 Salem Street, of the Providence and Salem Street Neighborhood Watch Group addressed the Board regarding the request; asking that the requested signage be installed. Regular Meeting – November 3, 2014 Page 3 Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request stating as far as the Neighborhood Watch sign they would recommend approval of that request, as it has been done in the past for other Neighborhood Watch Associations; however the Slow Children Playing signs are not recognized by the Manual on Uniform Traffic Control Devices and would recommend denial of that request. Lt. Loniewski explained as far as the Deaf Children sign he is still researching that, and has been unable to find it in the MUTCD manual; however he would request that this be tabled until the next meeting to give him some more time to research it. Ms. Morris addressed the Board regarding the Deaf Child sign, stating she is the parent who has the deaf child and her neighbor has a special needs child also; which is why she is requesting the signs. Lt. Loniewski stated they would have no opposition to the installation of that sign as long as it is recognized by the manual. President Janus stated the item would be held over until the next meeting for Lt. Loniewski to report back to the Board and they will make a decision then. MEMORANDUM OF UNDERSTANDING – Memorandum of Understanding Between the City of Michigan City and Fried’s Cat Shelter, Inc. for Services Payable from the City’s “Animal Services Fund” The following Memorandum of Understanding was presented to the Board: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MICHIGAN CITY AND FRIED’S CAT SHELTER, INC. FOR SERVICES PAYABLE FROM THE CITY’S “ANIMAL SERVICES FUND” THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as “MOU”) dated this 3rd day of November, 2014, is made and entered into between THE CITY OF MICHIGAN CITY, by and through the MICHIGAN CITY BOARD OF PUBLIC WORKS SAFETY (hereinafter referred to as the “City”) and FRIED’S CAT SHELTER, INC. (hereinafter referred to as the “Shelter”). The CITY and the SHELTER are referred to herein Individually as (the “Parties”). RECITALS WHEREAS, the Shelter is a non-profit organization, tax exempt under Section 501 (c) (3) of the Internal Revenue Code and operating in the Michigan City area to carry out its mission to prevent cruelty to and provide welfare for cats; to combat the suffering of homeless and abused cats; to halt population growth of homeless cats in the most humane and effective way through spaying and neutering; to provide facilities for lost, stray and/or unwanted cats; to provide all necessary medical treatment and care to maintain the cats’ health; to provide controllable adoption of these cates to responsible parties; WHEREAS, the Shelter has partnered with the Independent Cat Society (hereinafter referred to as “ICS”) to assist the ICS with their Trap, Neuter, and Return Program in the Michigan City area resulting in the trapping, neutering, and releasing of cats; WEHERAS, pursuant to Sec. 50-91 of the Michigan City Municipal Code, a portion of the animal fees collected by the City is deposited into the Animal Services Fund; and Regular Meeting – November 3, 2014 Page 4 WHEREAS, subject to the annual appropriation of the limited funds in the Animal Services fund by the Michigan City Common Council, the parties desire to do the following: 1.) Specify the services the Shelter will be providing the City and the consideration the City will provide the Shelter in return for said services subject to the appropriation of the Animal Services Fund by the Michigan City Common Council; and 2.) Require Shelter to submit a quarterly report of all services rendered to the City pursuant to this MOU to the Animal Control Advisory Board. NOW, THEREFORE, BE IT RESOLVED that the CITY and the SHELTER agree as follows: 1.) This MOU shall take effect on January 1, 2014. 2.) The Shelter shall continue to partner and assist the ICS with their Trap, Neuter, and Return Program in the City, which may include but not limited to the following aspects of said program: a.) trapping of free-roaming cats; b.) transporting trapped animals for neutering purposes; c.) performing surgical procedures to neuter trapped cates; d.) identifying trapped and neutered cats for future reference by ear-tipping prior to release; e.) vaccinating all trapped and neutered cates against the rabies virus; f.) sheltering, feeding, and carrying for such cats at all times while the cats are in the custody of the Society for the purposes provided herein; g.) by returning cats which are processed through the program to the vicinity in which they were trapped; and h.) by maintaining records indicating general colony locations, date of trapping, date of surgery, gender of cat, and caretaker’s name if applicable. The Society will follow all appropriate humane protocols to the industry standards and guidelines generally recognized within the industry. 3.) The Shelter shall submit a quarterly report in the format of a spreadsheet to the City’s Animal Control Advisory Board as to all services rendered to the City pursuant to this MOU. Information in the quarterly report shall include dates and number of cats services by the Trap, Neuter, and Return Program and all relevant information explaining how the Shelter has partnered and assisted the ICS. Shelter may include additional information in its quarterly report as it deems relevant. The Shelter shall submit its quarterly report each year by March 31, June 30, September 30, December 31 by mailing or delivering the same to the Animal Control Advisory Board, City Hall, 100 E. Michigan Boulevard, Michigan City, Indiana 46360. The relevant contact information for the agents, servants, and/or employees of the Shelter who will be submitting the quarterly reports to the Animal Control Advisory Board is/are as follows: Sandra O’Dell, 101 Rogers Avenue, Michigan City, IN, Executive Director. The Shelter has the right to amend the contact information of the agents, servants, and/or employees submitting the quarterly report at all times, however, Shelter shall communicate any changes in contact information to the Animal Control Advisory Board within a reasonable time. 4.) The City’s performance under this MOU is conditioned upon the annual appropriation of funds by the Common Council. Subject to the annual appropriation of funds by the Common Council, in consideration for the services outlined above in Paragraph 2 and the submission of quarterly reports outlined above in Paragraph 3, the City will provide the Shelter with twenty-five (25%) of the funds existing in the Animal Services Fund at the end of each calendar quarter. 5.) This agreement may be terminated at any time by either party upon written notification to the other party. IN WITNESS WHEREOF, the Parties have duly executed the Memorandum of Understanding as of the date first above written. Corporate Counsel John Espar addressed the Board stating this item is a renewal of an annual agreement that the Board of Public Works and Safety enters into with Fried’s Cat Shelter; further stating City Attorney Amber LaPaich was present to answer any questions the Board may have. Regular Meeting – November 3, 2014 Page 5 Discussion ensued between the Board, Corporate Counsel Espar and Attorney LaPaich regarding the renewal of the Michiana Humane Society; Attorney LaPaich explained the City has an M.O.U. with the LaPorte County Small Animal Hospital, the Independent Cat Society, and Fried’s Cat Shelter; further explaining this is part of an Ordinance the Common Council passed several years ago stating 66% of fines collected would be allocated to this M.O.U. to the non-profit entities. Further discussion ensued between the Board and Attorney LaPaich regarding the renewal of the M.O.U.; Attorney LaPaich explained this M.O.U. will go forward until such time as the City would decide to amend it or legislation would change or the Council would decide not to appropriate funds towards this anymore. Vice-President Carnes made the motion to approve the M.O.U. between the City of Michigan City and Fried’s Cat Shelter. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. M.C. TRANSIT DEPARTMENT – Robin Tillman, M.C. Transit Director requests approval for the disposal of two (2) Transit Buses. The following correspondence was received in the City Clerk’s Office on October 22, 2014 from Robin Tillman, M.C. Transit Director: RE: Disposal of Buses We respectfully request that the following vehicles be declared excess as they have exceeded their useful life, and approve their sale. This sale will be by sealed bids, advertising the sale on November 5th and again on November 12th. Bids will be accepted up to your December 1st meeting when bids will be opened at 9:00 a.m. We request bids be awarded at the December 15th meeting of the Board of Public Works and Safety. The vehicles can be viewed up until bids close at Michigan City Central Maintenance location. 1. 2006 Eldorado bus with an ISB-260 Cummins Diesel engine, Odometer reading 301,974 miles 2. 2006 Eldorado bus with an ISB-260 Cummins Diesel engine, Odometer reading 244,680 miles We request this be placed on the agenda for the meeting of the Board of Public Works and Safety on November 3, 2014. Robin Tillman, M.C. Transit Director addressed the Board regarding the request; asking for approval. Discussion ensued between the Board and Ms. Tillman regarding the condition of the buses being sold. Ms. Tillman informed the Board the buses were not operational and were being sold “as is”. Further discussion ensued between Corporate Counsel John Espar and Ms. Tillman regarding replacement of the two (2) buses. Ms. Tillman explained these two (2) buses are not in the replacement plan, but they will be purchasing new buses in the near future. Michael Palmer made the motion to approve the request to dispose of the two (2) 2006 Eldorado buses. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – November 3, 2014 Page 6 CAPITAL EQUIPMENT LEASE AGREEMENT – Capital Equipment Lease Agreement Project Triangle Route Project City Attorney Amber LaPaich addressed the Board explaining the Agreement contemplates the Lease of a bus, pursuant to the M.O.U. that Purdue North Central, the City of LaPorte, the County of LaPorte and Michigan City has recently entered into for the Triangle Bus Service; further informing the Board that the Grant is in the process of being submitted, and at that time the Department of Labor will have to review and certify it, then Federal funds will be transferred for the Grant. Discussion ensued between the Board and Attorney LaPaich regarding who was asking for the Grant. Attorney LaPaich explained the City of Michigan City is the one asking for the Grant; and the bus will become the property of Michigan City at the end of the lease. Further discussion ensued between the Board and Attorney LaPaich regarding the extension of the agreement. Attorney LaPaich explained it would be negotiable, as would be the Interlocal Agreement between all the parties. Vice-President Carnes made the motion to approve the Capital Equipment Lease Agreement for the Triangle Bus Project. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REPORT FROM I.T. DEPARTMENT – Andy Matanic, Michigan City I.T. Department presenting an update on the City’s I.T. upgrade project Andy Matanic, Michigan City I.T. Department addressed the Board; presenting an update on the Project Summary for the I.T. Upgrade. Mr. Matanic informed the Board there was a set- back due to the Project Manager/Engineer/Consultant leaving the Project, and having to find a qualified replacement; that currently the Project is 60% complete; explaining the particulars of the Project that include: Core Network Connectivity, Remote Site Connectivity (small locations such as the Cemeteries and Golf Courses), Network Switching/Servers, Storage/Backup/Disaster Recovery, Security (network security devices and Virtual Private Networks (VPN)), Telephony (telephone). Mr. Matanic stated he is hopeful that he will have a quote for the Board’s consideration for the Core Network Connectivity to connect the outside buildings together at their next meeting. Mr. Matanic further stated if everything goes well the project will be largely completed by January/February 2015. Discussion ensued between the Board and Mr. Matanic regarding being on budget for the project. Mr. Matanic explained so far he expects the project to be on budget. MEMORANDUM OF UNDERSTANDING – Memorandum of Understanding Between the City of Michigan City, Indiana and the Michigan City Sanitary District for Information Technology (IT) Services The following Memorandum of Understanding was presented to the Board: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MICHIGAN CITY, INDIANA & Regular Meeting – November 3, 2014 Page 7 THE MICHIGAN CITY SANITARY DISTRICT FOR INFORMATION TECHNOLOGY (IT) SERVICESB This Memorandum of Understanding (“MOU”) is entered into by and between THE MICHIGAN CITY SANITARY DISTRICT (hereinafter referred to as “DISTRICT”) and the City of Michigan City, by and through the MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY (hereinafter referred to as “CITY”), regarding information technology (IT) services to be rendered by the DISTRICT to the CITY. 1. INFORMATION TECHNOLOGY (IT) SERVICES: The DISTRICT shall provide IT services to the CITY, which said IT services shall include the following: a. Providing the services of three (3) Network Technician I and one (1) Network Technician II positions for the routine troubleshooting of hardware and software problems associated with the CITY’s IT network; and b. Providing the services of a GIS Coordinator, on a ½ Full-Time equivalent basis, for project management, GIS data acquisition, manage GIS Access and work elements (database, infrastructure, applications, and training). 2. COMPENSATION: In consideration for said IT services, the CITY will pay $23,983.82 to the DISTRICT on a monthly basis, for an annual total of $287,805.84, commencing January 2015. 3. DURATION: This agreement shall remain in full force in effect until such time as it is terminated by mutual written agreement of the parties or by either party, with or without cause, upon thirty (30) days prior written notice to the other party. Upon termination of this MOU, except for obligations accruing and coming payable prior to the date of termination or obligations that are expressly made to extend beyond the term, neither party shall have any further obligations under this agreement. 4. AMENDMENTS: This MOU may be amended at any time by mutual written agreement of the parties. 5. GOVERNING LAW: This MOU shall be governed by, construed and applied in accordance with the laws of the State of Indiana. This MOU was executed in LaPorte County, Indiana. 6. SEVERABILITY: In the event any portion of this MOU shall be held by a Court to be invalid, such holding shall not invalidate the remainder of this MOU. 7. ASSIGNMENT: This MOU or any interest herein, shall not be assigned, transferred or otherwise encumbered without the prior written consent of both parties herein. 8. ENTIRE AGREEMENT: This MOU embodies the entire agreement between the parties. It may not be amended or terminated except as provided herein. It is further understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements, whether oral or written. Corporate Counsel John Espar addressed the Board explaining the Memorandum of Understanding; stating he has reviewed the document and recommended approval. Discussion ensued between the Board and Deputy Controller Yvonne Hoffmaster regarding the Ageement being budgeted for 2015. Ms. Hoffmaster addressed the Board stating a majority of the Agreement was budgeted for, but that an Additional Appropriation will need to go before the Common Council at the first of the year. Vice-President Carnes made the motion to approve the M.O.U. between the City of Michigan City and the Sanitary District for I.T. Services. 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 – November 3, 2014 Page 8 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 10/31/2014 $619,211.00 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 10/29/2014 $164,599.09 1 of 1 10/31/2014 $43,540.15 1 of 1 10/17/2014 $37,011.71 1 of 1 11/03/2014 $7,046.66 UNFINISHED BUSINESS – Pending Items Pending Item – Austyn Crites, 210 Maple Street – installation of parking posts in alley Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he has spoken with the Michigan City Housing Authority since the last meeting, and it does not appear that they are going to be able to offer any assistance on this. Lt. Loniewski informed the Board that the parking lot behind the building is so small that if parking blocks are installed there it will be to narrow for cars to safety enter and exit their lot; the only other option would be for the City to install parking blocks on the south side of the alley on the City’s right-of-way to prevent vehicles from backing to far across the alley into the neighbors fence, which would be contingent on whether the Street Department has access to some extra parking blocks. Discussion ensued between the Board and Lt. Loniewski regarding how many parking blocks would be needed. Lt. Loniewski stated approximately six (6). Bob Zondor, Superintendent Central Services stated they do not have any right now. President Janus asked if they could have these by spring time; and stated the item would be held over. Regular Meeting – November 3, 2014 Page 9 Pending Item – 1720 Franklin Street, Panini Panini requests street light in alley, bike racks and garbage cans Craig Phillips, Planning Director addressed the Board regarding the request for bike racks and garbage cans, stating at the present time we do not have any bike racks available that have not be previously committed to other locations and they are checking to see if there are any garbage cans available; furthering stating it might be necessary to ask for an additional appropriation to cover the cost of any new bike racks, and trash receptacles if none can be found, but they are still looking into that with the Refuse Department. Mr. Phillips informed the Board that he would get quotes for the installation of the bike racks in that location/area and report back to them. Discussion ensued between the Board and Mr. Phillips regarding any other locations where bike racks might be needed, installation and funding. Mr. Peller addressed the Board regarding 1701 Franklin Street, advising the Board approved the installation of the light in the alley, stating he is working with the Mayor on funding for this. Pending Item – City Street Signs Craig Phillips, Planning Director addressed the Board stating the City Council adopted the Lake Michigan Gateway Implementation Strategy at its last meeting on October 21, 2014 and the Redevelopment Commission has not had a regular meeting since that date, and they intend to discuss this at their next meeting. Pending Item – Request for signage to identify US HWY 12 & Michigan Boulevard Craig Phillips, Planning Director addressed the Board stating the City Council adopted the Lake Michigan Gateway Implementation Strategy at its last meeting on October 21, 2014 and the Redevelopment Commission has not had a regular meeting since that date, and so they intend to discuss this at their next meeting. Mr. Phillips informed the Board that he will be going before the Redevelopment Commission requesting permission to go out for RFP for the two-way street conversion project on Pine and Washington Streets and what happens with signage on US Hwy 12 is going to be directly affected by that overall effort, and he wants to make sure this gets done in coordination with that project. Pending Item – 111 Franklin Street (Ice Cream Parlor) Russ Hatfield, Code Enforcement Officer addressed the Board stating he has nothing new to report on the “Ice Cream Parlor” other than the fact that the HVAC permits were issued, but he has not seen any activity there in the last week or so. Mr. Hatfield further stated the “Order to Demolish” hearing is set for the next Board meeting, and that order as well as the original “Order to Repair” have been filed with the LaPorte County Recorder’s Office against the property as a lien. Regular Meeting – November 3, 2014 Page 10 Discussion ensued between the Board and Mr. Hatfield regarding the HVAC permits being pulled a couple of weeks ago, and any timeline on them. Mr. Hatfield stated there was no timeline placed on the HVAC permits. Pending Item – Request for Handicap Parking sign - Katherine Scott 701 S. Dickson Street Charles “Spike” Peller, City Engineer addressed the Board stating he has been working with the task force on the placement of handicap parking signs; referring to material that was given to the Board. Mr. Peller stated he has not gotten any feedback from the members, and they are continuing to look at this and evaluate it. Lt. Jeff Loniewski, M.C.P.D. addressed the Board stating he did speak with Ms. Scott after the last meeting, visiting the site of the alley behind her home that dead-ends into a grass utility easement. Lt. Loniewski informed the Board that Ms. Scott is having trouble with people parking on the gravel and the lawn in this alleyway; recommending that the City install a “Do Not Block Alley” sign at the beginning of the alley. Vice-President Carnes made the motion to install a “No Parking in Alley” sign in the vicinity of 701 S. Dickson Street. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Mr. Peller addressed the Board regarding the recommendations from the Task Force on the placement of Handicap Parking signs. Corporate Counsel John Espar addressed the Board regarding the financial aspects of the placement of the Handicap Parking sign proposals, advising this will ultimately require an Ordinance to legalize the fee structure as well as the fine structure for violations of the restrictive parking permits; further stating this is a work in progress and they have made considerable progress. Discussion ensued between the Board and Counsel Espar regarding removing these items from the Pending Item list as this will now be in the hands of the City Council to approve an ordinance. President Janus stated the items could be removed, and a separate list could be established for this purpose. Pending Item – 315 N. Dickson Street installation of street light Charles “Spike” Peller, City Engineer addressed the Board stating NIPSCo has been notified to place the street light; it has not been installed yet. Pending Item – Holiday Street south of R.R. tracks-street lights Charles “Spike” Peller, City Engineer addressed the Board stating he has a police report on the calls for service for this area; further stating the area is lit the same as other areas, and the reports are similar to other areas and if the City were to install lights poles would need to be installed; explaining the costs associated with the new installations. Mr. Peller stated at this time he does not feel it is warranted. Regular Meeting – November 3, 2014 Page 11 Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the “calls for service” for the 100, 200 & 300 blocks of North Calumet, stating it appears the police department has responded to approximately 220 calls since 2010, which is a high number of calls; however he was in the area at night and it isn’t any dimer than any of the surrounding streets. Lt. Loniewski advised it would be at the Board discretion on whether the “calls for service” justify the cost of the lighting. Discussion ensued between the Board and Lt. Loniewski regarding if more lighting were installed would this decrease the amount of calls received. Lt. Loniewski advised he has never seen a correlation between lighting and a decrease in crime. President Janus advised the item could be removed from the Pending Item list at this time. Pending Item – Request for Handicap Parking Sign-Effie Lee Williams – 320 Pleasant Avenue Charles “Spike” Peller, City Engineer, addressed the Board stating this is part of the Handicap Parking Task Force that is being work on. Note: this item will be removed from the Pending Item list per President Janus. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop stating the bidding process has started, and sealed bids for the Hilltop/Lakeshore Drive Stairway Replacement project will be due on Monday, November 17, 2014 at 9:00 a.m.; further informing the Board there will be a pre-bid conference scheduled for November 10, 2014 at 10:00 a.m. in the Planning Department Conference Room. Pending Item – CSX request for guardrail and curve ahead signage Charles “Spike” Peller, City Engineer addressed the Board regarding the request stating he is still working with CSX to get approval to work on their property to install the guard rail they wanted. Discussion ensued between the Board and Mr. Peller regarding specifications of guard rails not being met. Mr. Peller informed the Board specifications do change from time to time, but have not changed recently to his knowledge. Further discussion ensued between the Board and Mr. Peller regarding CSX contacting him and the work Global Engineering is doing, and that Global will be contacting them to work out the details of the project. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating he spoke with Chief Martin of the Michigan City Fire Department, who informed him they are looking into the purchase of a new “Bronto” Fire Truck for use in this area; further explaining after the purchase of the new truck they will be better able to determine what type of roads they will need in this area. Regular Meeting – November 3, 2014 Page 12 President Janus stated this item could be removed from the Pending Item list as it would be dealt with in the future. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the portion of the project that would extend the roads in this area for those homes that do not have roads. Mr. Peller explained the purpose of the project right now is to be able to get Police, Fire and Ambulance protection to the affected homes in that area. 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 referring to Corporate Counsel John Espar for an update on the M.O.U. Counsel Espar advised the Board that he has spoken with the Attorney for the Michigan City Area Schools last week who stated their Board was not informed of the proposal. Counsel Espar stated he has a rough draft that he will be forwarding to the Attorney for the School Board later today. Counsel Espar further stated he has some questions for the City Engineer or Global Engineering on some of the particulars of the construction, which he will work out with them. Counsel Espar explained he expected the M.O.U. to be approved by the Attorney for the School Board and will then be presented to the School Board at their next meeting for their approval, and then back to this Board for their approval. Mr. Peller advised the Board that Reith-Riley will be doing the work under their contract with the City, and due to weather the project may not begin until Spring 2015. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating there is a new pole, but the old pole with the transformer is also still there; advising the project is waiting for NIPSCo to move the transformer to the new pole, and once this is complete the project can move forward. Mr. Peller informed the Board that the asphalt plants will be closing soon and any work that is not completed before then will have to wait until next year when they reopen. New item – One way streets Charles “Spike” Peller, City Engineer addressed the Board regarding one way streets located within Michigan City; referring to material distributed to each Board member and Corporate Counsel Espar, regarding Global Engineering & Land Surveying recommendations. Mr. Peller suggested meeting with the Redevelopment Commission to discuss improvements/signage to these streets; recommending the Board hold off until a meeting takes place. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the deficiencies in the current signage where it does not comply with the Manual of Uniform Traffic Control Devices and the optional signage that can wait until the decision has been made on the conversion of the two-way streets to one-way streets; further discussing Regular Meeting – November 3, 2014 Page 13 the mandatory signage that needs to be addressed/installed to ensure the City is in compliance with the law. Further discussion ensued between the Board, Corporate Counsel Espar and Mr. Peller regarding the minimum requirements, cost and compliance. Mr. Peller explained compliance requirements get changed about every ten (10) years or so and this study was done under the new guidelines, which unfortunately has put the City out of compliance in some areas; stating he will check into this and report back on what the minimum would be to get back into compliance. Craig Phillips, City Planner addressed the Board stating the Planning Department is in the process of looking at Requests for Proposals (RFP’s) for the two-way street conversion for Washington and Pine Streets; which would affect this same area; explaining there may be some interim measures that are put in place potentially as part of that before the actual construction elements take place, which very well may include signage, stripping, pavement markings, etc. Mr. Phillips explained he wants to expend the City’s resources as efficiently and appropriately as possible, and that we keep any immediate changes to a minimum to the absolute necessary for absolute bare minimum compliance; explaining the areas that should be addressed. Mr. Phillips advised the Board if possible to have a representative present to attend the Redevelopment Commission meeting to discuss this concern. Mr. Phillips further stated the City will be working with INDOT on the project as well for the signage over US Hwy 12, and lane conversion changes that will need to be addressed for the turn lanes on US Hwy 12 to accommodate the two-way streets. Mr. Phillips requested that this be held over until the next meeting so they have the opportunity to discuss this with the Redevelopment Commission. Discussion ensued between the Board and Mr. Phillips regarding the Wabash Street project. Mr. Phillips stated he will be asking the Redevelopment Commission to entertain a proposal from the Consultant, Hass and Associates, from the Grant process to move forward with this project; furthering explaining the timeframe for the project. Mr. Phillips informed the Board they have received a Lake Michigan Coastal Grant for the project; and are waiting for approval for an EPA Grant as well. Further discussion ensued between the Board and Mr. Phillips regarding the timing of the projects located in the Wabash Street area. Vice-President Carnes asked that Charles “Spike” Peller, City Engineer attend the Redevelopment Commission on November 10, 2014 to present the concerns the Board has regarding the one-way signage and see what interim solution are available. Mr. Phillips requested the Board forward a formal request to be on the Redevelopment Commission Agenda so this matter would be addressed. Corporate Counsel Espar addressed two intersections, Pine and 5th Streets, and Pine and US Hwy 12 that do not have adequate signage; and the one way alleys that are less likely to be causing the wrong way traffic down Pine Street or Washington Street. Counsel Espar asked that these intersections be addressed as soon as possible with signage on the city’s right-of- way on poles at street level. Discussion ensued between the Board, Mr. Peller and Mr. Phillips regarding the placement of the signs and approval that may be needed from INDOT; when notification was sent to INDOT to address this matter; the two-way street study that has been done; compliance with Regular Meeting – November 3, 2014 Page 14 state law; the two-way street conversion project; working with INDOT for the installation of signage; installation of “wrong way” signs on Pine Street; Mr. Peller attending the Redevelopment Commission meeting to discuss the interim measures necessary to move the projects forward and address the concerns of the Board. Michael Palmer made the motion to approve the installation of the “wrong way” signs at the intersections of US Hwy 12 and Pine Street, and 5th and Pine Streets. 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 will be scheduling a site visit with the owners to try to come to a voluntary solution to address the problem; further stating the City may be able to supply some black dirt from the compost pile if the owners supply the labor. Mr. Hatfield explained this would address the safety factors with some of the sink holes that are up next to the sidewalk, but also to protect any undermining damage to the sidewalk. Mr. Hatfield stated he would report back at the next meeting. Discussion ensued between the Board and Mr. Hatfield regarding if a letter from the Legal Department would help this process along. Mr. Hatfield stated this could be an option if the owners do not want to do anything voluntarily about the problem. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating he would still like to keep this on hold for the time being. Discussion ensued between the Board and Mr. Hatfield regarding the item requirements for the asbestos removal he was to discuss with Corporate Counsel John Espar. Corporate Counsel Espar advised his opinion on this is that in the absence of a structured major project that includes 3 or more residential structures at one time, that the individual demolitions that are unrelated to each other does not implicate the mandatory asbestos testing requirements as set forth under Indiana law; so unless it is 3 or more units, or commercial structures, individual residential structures do not require IDEM testing. Mr. Hatfield explained as Counsel Espar stated, they did sit down and review a lot of the IDEM requirements and they both agree that the Office of Air Quality and the Office of Land Quality are conflicting of each other, but under Counsel Espar’s interpretations, since he is legal counsel, they will only do the asbestos testing as interpreted by Counsel Espar. Further discussion ensued between the Board and Mr. Hatfield regarding why 915 Green Street was still on hold. Mr. Hatfield explained this property is not an unsafe or dangerous structure, it does meet the unsafe premises law due to the blighting effect, and also due to funding at this time of year. Regular Meeting – November 3, 2014 Page 15 Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating this is scheduled to receive bids at the next meeting. Pending Item – 904 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 904 E. Michigan Boulevard stating the adjoining property was sold and now there is a new owner directly to the east of it. Mr. Hatfield informed the Board that he wants to meet with each adjoining property owner because of the proximity/closeness of their homes if opposed to this and address any of their questions or concerns, and also speak with them to let them know the demolition process will require some temporary encroachment onto their properties. Pending Item – 1110 Washington Street-fire damage Russ Hatfield, Code Enforcement Officer addressed the Board stating the owner has made quite a bit of progress over the weekend and will be out there again today. Discussion ensued between the Board and Mr. Hatfield regarding the timeframe for the completion of this project. Mr. Hatfield stated the owner, Mr. Sherman, will be meeting with him to submit his timeline. Mr. Hatfield further stated the owner is evaluating the interior, but he needs to expedite the completion of the exterior of the structure. New Item – Pawn Shop on Franklin Street Vice-President Carnes addressed Mr. Hatfield regarding the status of the building on Franklin Street that housed the Pawn Shop which suffered fire damage. Russ Hatfield, Code Enforcement Officer addressed the Board stating they’ve got all the proper permits and are in the process of rehabilitating the structure; further stating they are now working on the roof portion of the structure. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Hatfield regarding the cause of the fire. Mr. Hatfield stated he did not believe a cause has been determined yet. New Item – Wells Chair Building Michael Palmer addressed Mr. Hatfield regarding the Wells Chair Building on US Hwy 20 near Franklin Street; asking what is being done to address this. Russ Hatfield, Code Enforcement Officer addressed the Board stating he has been out with the Building Commissioner and looked at the structure, which is a solid building, but a plan needs to be addressed to make it more aesthetically pleasing if it is going to remain there. Mr. Hatfield explained that Mr. Phillips Planning Director, Mr. Przybylinski Building Commissioner and himself have been working on a property maintenance program, which has been adopted through the International Code Council, that gives some very specific timelines Regular Meeting – November 3, 2014 Page 16 that will greatly help the code enforcement aspect on appearance of properties, routine maintenance of properties and will go in conjunction with the Vacant Housing Registration program. Craig Phillips, City Planner addressed the Board regarding a draft of the Valparaiso ordinance which was adopted based on the International Code Council version of the model ordinance; further stating he has those comments and will be reviewing them, and then back to the Building Commissioner so they can work with the City Council liaison/author to get that in place as it is just adopting largely an existing model code. Mr. Phillips explained this will give the Inspection Department useful tools to be used with regards to the unsightliness issue associated with properties. PUBLIC COMMENTS President Janus asked if there was anyone else from the public who wished to address the Board. There was no response. BOARD COMMENTS President Janus asked if there were any Board comments. Michael Palmer addressed the Board and Charles “Spike” Peller City Engineer regarding the Michigan Boulevard project with respects to Poplar Street and Michigan Boulevard east of the intersection where there is a dip in the road from contractors cutting the road up and not putting the road back in to conform with the recent construction/pavement; asking Mr. Peller if he inspected these types of projects where contractors cut up the road and re-lay pavement. Discussion ensued between the Board and Mr. Peller regarding the projects in that area by the Sanitary District and Water Department. Mr. Peller stated he will look into it and report back. Vice-President Carnes addressed the Board acknowledging and thanking the City Departments that participated with the AK Smith Career Center and the Commission for Women in their new workshop last week, including: Bob Zondor, Central Services; Michael Kuss, M.C. Sanitary District; Chief Ronnie Martin, M.C. Fire Department; and Chief Mark Swistek, M.C. Police Department for supporting this event. President Janus addressed the Board and Lt. Jeff Loniewski regarding the Veteran’s Day Parade for Saturday, November 8, 2014. Lt. Loniewski replied the parade was set. President Janus addressed the Board regarding the time change and street lights that are out; advising if anyone from the public notices any lights out to please contact the Mayor’s Office or NIPSCo to have them taken care of. Regular Meeting – November 3, 2014 Page 17 President Janus addressed the Board regarding the retirement/resignations of Police Officers from the Michigan City Police Department; asking that any retirements/resignations be brought before the Board of Public Works and Safety. Discussion ensued between the Board and Corporate Counsel Espar regarding the recent resignations, and only one (1) of the three (3) being brought before the Board for informational purposes. Michael Palmer addressed Lt. Jeff Loniewski, M.C.P.D. Traffic Division regarding a Christmas parade and a route for the event being brought before the Board for approval. Lt. Loniewski addressed the Board explaining the Christmas parade has still not be decided upon; adding he attends the SummerFestival Committee meetings and at the last meeting held the Board voted to keep the Christmas parade down at the park, which will not require any road closures. Lt. Loniewski further explained the proposed Christmas parade on Franklin Street has not be brought to him. 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 10:10 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