Board of Public Works & Safety

REGULAR MEETING – April 20, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, April 20, 2015 at the hour of 9:00 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Michael Palmer and Virginia Keating (3). Absent: none (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Charles “Spike” Peller, City Engineer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Chief Ronnie Martin, M.C. Fire Department Arber Himaj, Engineer, Sanitary District Bob Zondor, Superintendent Central Services/Central Maintenance Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk President Janus welcomed new member Virginia Keating to the Board of Public Works and Safety. APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of April 6, 2015. Vice-President Palmer made the motion to approve the minutes from the regular meeting of April 6, 2015. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. OPENING OF BIDS – 2015 Local Street Rehabilitation Program President Janus addressed the Board stating they were without legal representation today; advising he will be opening the bids. President Janus addressed the public asking if there was anyone present who wished to submit a bid for this project. There was no response. Vice-President Palmer made the motion to close the acceptance of the bids for the 2015 Local Street Rehabilitation Program. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. Regular Meeting –April 20, 2015 Page 2 President Janus advised there were two (2) bids received as follows: Walsh & Kelley Paving Contractors total bid: $1,359,368.10 Rieth-Riley Construction Co. total bid: $1,069,601.90 Discussion ensued between the Board and City Engineer, Charles “Spike” Peller regarding the bids being for both the streets and sidewalks. Vice-President Palmer made the motion to refer the bids to the appropriate departments for their review, tabulation and to report back at the next Board of Public Works and Safety meeting. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST TO CHANGE 2-WAY STOP TO 4-WAY STOP – Cinde Troutman, 2 Audie Court, is requesting the 2-way stop sign at the corner of Lawndale Place and Boyd Circle be converted to a 4-way stop sign The following correspondence was received in the City Clerk’s Office on April 14, 2015 from Cinde Troutman, 2 Audie Ct., #3: Type of Request: 2 way stop converted to a 4 way stop for public safety/pedestrian safety at the corner of Lawndale & Boyd Circle. My concern is especially after school and when children are present. Mrs. Troutman addressed the Board presenting the following petition signed by 28 petitioners in the area of concern: We the undersigned agree that the two-way stop at the corner of Boyd Circle and Lawndale be changed to a four-way stop. This is the only four-way intersection in the Edgewood area that does not have a four-way stop. There are two schools within a few blocks of this intersection with many children walking thru this area. There is nothing to slow the traffic as it speeds between Barker Road and Garrettson. Mrs. Troutman expressed her concerns with the intersection; asking the Board to change the 2-way stop to a 4-way stop at the intersection of Lawndale Place and Boyd Circle. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he pulled the accident statists for that intersection going back for the last six (6) years and there has only been one (1) accident in 2010; further stating the accident statists are not going to support the installation of a 4-way stop; however there is a definite site problem going west on Boyd Circle coming up to Lawndale where you can’t see the southbound traffic at all. Lt. Loniewski recommended the request be Tabled to see if there is something they can do about the site problem, if he cannot get the site problem resolved then he would probably recommend the installation of a 4-way stop, but would like another two (2) weeks to look at that. Mrs. Troutman addressed the Board stating if the requested 4-way stop does not go through she will probably get her lawn chair and sit at the corner and pray she doesn’t get in trouble. Regular Meeting –April 20, 2015 Page 3 REQUEST TO INSTALL SANITARY SEWER – John Doyle of John A. Doyle & Associates, Inc. is requesting to install a sanitary sewer on Sherman Avenue north of Fourth Street The following correspondence was received in the City Clerk’s Office on April 13, 2015 from John A. Doyle & Associates for the MC Sanitary District: Type of Request: Sherman Avenue Sanitary Sewer Replacement Project Installation of a sanitary sewer on Sherman Avenue, north of West Fourth Street Construction to begin April 21st. John Doyle of John A. Doyle & Associates for the MC Sanitary District addressed the Board explaining the project for the Sanitary District who proposes to install/replace a sanitary sewer on Sherman Avenue; explaining currently there is a six (6) inch diameter sewer that serves approximately five (5) homes. Mr. Doyle stated they propose to increase the main line side to eight (8) and attach the homes individually to the sewer, which would be considered “community tap” or something of that nature; expecting the job to start probably within two (2) weeks and run for approximately one (1) month – with two (2) weeks of that probably for construction and allowable time to get the paving back in and so forth. Mr. Doyle stated it’s a short street that runs off 4th Street to the north and west; asking the Board for their approval. Discussion ensued between the Board and Mr. Doyle regarding keeping the road open during construction for the residents and emergency vehicles, and notification of all agencies that are required. Vice-President Palmer made the motion to approve the closing of Sherman Avenue north of 4th Street for the installation of a sanitary sewer. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST FOR ROAD CLOSURE – Eric Camel of Saint Joseph Young Men’s Society, Inc. is requesting the closure of Tillottson Street from Franklin Street to Washington Street for the Annual St. Joe Festival on June 26, 27, 28, 2015 including the north sidewalk on Tillottson Street The following correspondence was received in the City Clerk’s Office on April 15, 2015 from Eric Camel, GM-Saint Joseph Young Men’s Society, Inc.: To Whom It May Concern: St. Joseph Young Men’s Society, Inc. would like to request Tillottson Street be closed from Franklin St. to Washington St. the three (3) days of our festival which is being held on June 26, 27, 28, 2015. In addition to Tillottson St. being closed, we are requesting the north sidewalk on Tillottson to be also closed during this time. We have attached proof of insurance to this request for the City and their files. If you have any questions regarding this matter, please contact myself, Eric Camel of Saint Joseph Young Men’s Society, Inc. at (219) 898-1093. Thank you! Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating this was an annual request and have never experienced any significant problems with it; recommending approval. Discussion ensued between the Board and Lt. Loniewski regarding if there would be any conflicts or problems as the Big Parade is that weekend. Regular Meeting –April 20, 2015 Page 4 Vice-President Palmer made the motion to approve the request for the road closure as recommended by the Traffic Division. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST FOR TEMPORARY ROAD – Bruce and Sue Randall, 210 N. Lake Avenue request permission to have a temporary road to their house The following correspondence was received in the City Clerk’s Office on April 13, 2015 from Bruce and Sue Randall, 210 N. Lake Avenue: I am requesting permission to have a temporary road to my house. Thank you in advance for hearing my request. Bruce Randall, 210 N. Lake Avenue addressed the Board regarding the request; explaining this request does not take place of the road that their requesting to complete Lake Avenue north of Colfax, back in May 2013. Mr. Randall stated that road when completed would be a quality of life factor, which he knows the Board is very much aware of what quality of life is with all the work that has been done in the area with the roads, the beautiful job they’ve done with the bathrooms, the stairway from Hilltop down to Lakeshore Drive, even with the piece of art that was purchased for $15,000.00; it’s for quality of life for residents and so would that road be. Mr. Randall reiterated that his request today would not be taking place of his original request made in 2013. Discussion ensued between the Board and Mr. Randall regarding the requested “temporary” road. Mr. Randall explained it would be more like a driveway; ten (10) feet wide earth tone colored stones with Michigan packed clay, about 5 inches thick, so it would be about 90 tons per 10 foot length; the road itself would be about from the curb, and Michigan City would have to do a curb cut for him, about 110 feet moving into his property with approximately another 40 feet total. Mr. Randall asked if a decision had been made regarding the road; it will be two (2) years next month waiting on a decision on that. Mr. Randall stated this temporary road will make it a great experience just to get out of his car with his groceries and not have to go through an obstacle course just to get to his front door. Mr. Randall stated he has a blue print and he could meet with members of the Board and other City departments after the meeting to show what exactly it would look like, and when he had the survey done. Mr. Randall stated that is his request until the road gets decided on. Mr. Randall asked what would be a reasonable timeframe to make a decision on completing the road; either yea or nay. Further discussion ensued between the Board and Mr. Randall regarding the request; the timeframe for a decision; other departments input in this process; if the temporary driveway would be on his private property or on City property; it being on City right-of-way until it gets to his property; the Mayor’s response that the City is not interested in developing a road or extending Lake Avenue at this time; a future plan that looks at the entire Sheridan Beach area more comprehensively before anything is done; the Mayor not in favor of putting a temporary road in either because of funding issues. Mr. Randall advised the Board that he finally got his answer that there will not be a road. President Janus stated “not at this time.” Regular Meeting –April 20, 2015 Page 5 REQUEST FOR VENDOR LICENSE – Jermaine Miller, Cool Runnings is requesting a Mobile Food Vendor License Jermaine Miller, Cool Runnings, addressed the Board asking for more clarification on the new rules that were put in as of the 28th of May for the new vendors license; asking for clarification on where he can operate his food truck in the City; for in terms it states he cannot operate selling the same kind of product as a building restaurant; asking when you say the same kind of product does that mean he can’t sell chicken, as he does “jerk” chicken; asking how may feet does he need to be away from someone who sells chicken so he doesn’t violate the rules. Discussion ensued between the Board and Mr. Miller regarding the Ordinance being in effect; it being passed on the 28th of May; amending the “garage sale” portion of the Ordinance. Russ Hatfield, Code Enforcement Officer addressed the Board and Mr. Miller stating he has been working with the Controller’s Office on this as well, and they had a meeting with members of the Laporte County Health Department, so they could combine their standards and know what each department and each facility needs and is looking for on the Mobile Food Vendors. Mr. Hatfield stated Mr. Miller could get more information from the Controller’s Office as they have been working on that; suggesting Mr. Miller go to the Controller’s Office. Mr. Miller stated he did go to the Controller’s Office and they suggested he appear before the Board to get the answers he is looking for. Mr. Hatfield stated the Ordinance has just been finalized and the departments are still learning what is required from a petitioner. President Janus advised that Corporate Counsel was not available today; advising there are some questions on the Ordinance that need to be addressed, and that they will be brought back to the Board at the next meeting; advising at this time the Board will Table his request until they get more clarification. Vice-President Palmer addressed Mr. Miller stating his application was incomplete and he would need to complete if fully before it’s brought back to the Board. Vice-President Palmer made the motion to TABLE the request by Mr. Miller to be offered a vendor’s license. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. APPROVAL OF POLICY – Michigan City Fire Department Administrative Policy & Operation Manual – Chapter 4, Subject-Uniforms Chief Ronnie Martin, Michigan City Fire Department addressed the Board explaining the policy before them today is to standardize the basic uniforms of the Michigan City Fire Department; advising this is an agreement with the Union on what the City will provide each firefighter when they are hired; further explaining there is no change in the uniform, it’s just standardizing what uniforms will be issued. Vice-President Palmer stated the Union has agreed to this, so he has no issues. Regular Meeting –April 20, 2015 Page 6 Vice-President Palmer made the motion to approve to change the Administrative Policy & Operation Manual, Chapter 4 regarding the subject of uniforms. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. RETIREMENT – The Michigan City Fire Department announces the retirement of Mike Drubert, effective April 24, 2015 with over 31 years of service The following correspondence was received in the City Clerk’s Office on April 13, 2015 from Fire Chief Ronnie Martin: To the members of the Board of Works: The Michigan City Fire Department proudly announces the retirement of Mike Drubert, effective April 24th, 2015. Mike served the department for over 31 years. Note: For Informational Purposes Only. I.T. REFRESH PROJECT – Andy Matanic, Information Technology Director The following correspondence was received in the City Clerk’s Office on April 15, 2015 from Andy Matanic, Information Technology Director: Please add IT to the B.O.W. agenda for Monday. IT will be requesting authorization to purchase network and server equipment for the IT refresh project using Indiana Quantity Purchase Agreement (QPA) contract #12921. Thank you. Vice-President Palmer addressed the Board advising this will be TABLED for two (2) weeks; stating this was withdrawn by Mr. Matanic for this meeting, who asked that it be brought to the May 4, 2015 meeting. CLAIMS AND PAYROLL Vice-President Palmer moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 7 04/17/2015 $465,376.49 Regular Meeting –April 20, 2015 Page 7 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 04/14/2015 $226,274.54 1 of 1 04/22/2015 $100,755.60 1 of 1 04/22/2015 $17.78 UNFINISHED BUSINESS – Pending Items Pending Item - 111 Franklin Street President Janus stated there is nothing new to report on 111 Franklin. President Janus stated this item will be held over until the May 4, 2015 meeting. Pending Item – First United Methodist Church parking lot (7th & Franklin Streets) President Janus advised that Corporate Counsel was not present and the item would be held over until the next meeting. Pending Item – 210 N. Lake Avenue-Bruce & Sue Randall – Extension of Lake Avenue north of Colfax Avenue Charles “Spike” Peller, City Engineer addressed the Board stating this was discussed previously and right now they are working on the comprehensive study of that area; explaining a lot of that has to do with fire protection and the Michigan City Fire Department is getting a new truck, and they will see if that helps that situation. Pending Item – Traffic congestion at I-94 Bridge project Charles “Spike” Peller, City Engineer addressed the Board regarding traffic congestion at the I-94 Bridge project; stating there should be some relief there; he met with INDOT and the asphalt plant of the contractor is open and their plan is to mill and fill some of the shoulder so you have more travel lanes, and they are working on that. Pending Item – Hilltop/Lake Avenue stairway replacement project Charles “Spike” Peller, City Engineer addressed the Board regarding the Hilltop/Lake Avenue stairway replacement project advising they had a walk-through with the Contractor to discuss the “punch list” for the project and have added a couple of things which they are getting prices for; wanting to put more handrails at the bottom of the stairway, and a couple of trees need to be cut down; further advising the project should be complete maybe by the next Board meeting. Regular Meeting –April 20, 2015 Page 8 Other Business – Sidewalk on Franklin Street near McDonalds Vice-President Palmer addressed Mr. Peller asking if he was notified of the sidewalk being closed on Franklin Street by McDonalds; asking if this was proper. Mr. Peller advised they were alright with that. Pending Item – ADA sidewalk – Warren Building Vice-President Palmer advised the matter was taken care of, and the item could be removed from the Pending Item list. Pending Item – Farmer’s Market financial report & insurance Shane Hanson, Michigan City Farmer’s Market Manager addressed the Board introducing himself, asking the Board what questions they had in regards to the Farmer’s Market. Discussion ensued between the Board and Mr. Hanson regarding the Mayor’s concerns about changing the rules for some of the vendor’s that are coming to the market, specifying they have to meet certain requirements; the structure of the agreement going from a few pages to multiple pages; the City receiving a copy of the agreement as they are utilizing City property for the market. Mr. Hanson stated a copy of the agreement was submitted to the City’s Corporate Counsel; advising the rules were established; they put out a survey back in January to find out the wants and needs of the consumers; their audience then submitted the results which was posted on-line; they built the rules and regulations based on what they would like to see there; including liability things such as insurance requirements and what they found at other Farmer’s Markets to protect themselves from things that could come up; there were no rules in the past that were established, they were very vague. Further discussion ensued between the Board and Mr. Hanson regarding exclusions of farmer’s that don’t live in the area or issues like that. Mr. Hanson stated the Farmer’s Market was open to anyone as long as they follow the guidelines of the request of being a farmer and producing ingredients within 100 miles, being local and producing their own items; previous farmers were grandfathered in to adapt to the new rules, they have two (2) years. Vice-President Palmer asked that a copy of the agreement be forwarded to the City Clerk’s Office for the Board’s records; as well as the required annual financial report per the rental agreement with Mainstreet and a certificate of liability insurance. Vice-President Palmer advised that Corporate Counsel was concerned about legal items in the issuance of the rules and regulations to make sure they were properly written and not excluding anyone for reasons of discrimination and whatnot. Diane Wilczewski, Executive Director for the Michigan City Mainstreet Association addressed the Board stating she did submit to the Corporate Counsel Office the financials for Mainstreet as well as GIS, Kathy Henrich, has also submitted the insurance for Mainstreet, which was done last week. Regular Meeting –April 20, 2015 Page 9 Discussion ensued between the Board and Mrs. Wilczewski regarding the documentation being forwarded to the Board and the City Clerk’s Office. Pending Item – Zoological Society requests 2 city owned lots for planting apple trees Vice-President Palmer advised the Board that the Planning Department was not represented at today’s meeting. Pending Item – Two-way Street Conversion Vice-President Palmer advised the Board that the Planning Department was not represented at today’s meeting. Pending Item – 1720 Franklin Street, Panini Panini requests bike racks and garbage cans Vice-President Palmer advised the Board this was still before the Council for tomorrow night. Pending Item – Wells Chair building Russ Hatfield, Code Enforcement Officer addressed the Board regarding the Wells Chair building stating this remains the same as it has been, and will be addressed under the new Property Maintenance ordinance when that gets put into place. Pending Item – 1110 Washington Street-fire damage Russ Hatfield, Code Enforcement Officer addressed the Board regarding 1110 Washington Street, the fire damaged property, stating they are starting to make some more progress on that project; they have more of the siding done on the outside and are getting ready to do the railing around the porch. Pending Item – 1120 Elston Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1120 Elston Street, stating the Bank has signed for the notice that were sent to them, but he has not gotten a reply on that yet. Pending Item – 1204 W. 7th Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1204 W. 7th Street, stating they hope to address this under the new Property Maintenance standards. Regular Meeting –April 20, 2015 Page 10 Pending Item – 1125 W. 8th Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1125 W. 8th Street, stating the Notices were sent and returned with no forwarding address, and he will be moving this on for a Demolition Hearing. Pending Item – 701 Union Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 701 Union Street, stating this will be before the Board next month for a Demolition Hearing. Pending Item – Old Chrysler building on Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the old Chrysler building at the intersection of 11th Street and Michigan Boulevard stating they are still trying to figure out exactly what they can do with that. Pending Item – Safety fence at St. Anthony’s Hospital Russ Hatfield, Code Enforcement Officer addressed the Board regarding the safety fencing at St. Anthony’s Hospital for the retaining wall; stating there is a section of fence that is missing on the Elston Street side (alleyway) and he will contact the maintenance department at St. Anthony’s to see if they are planning on fixing that as a safety precaution. Pending Item – Sinking/receding property at northwest corner of Franklin & 7th Street 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 try to get with the owners now that it’s spring time and get something done with that. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street; stating he would like to put that on “hold” for a while longer. Pending Item – 228 W. Coolspring Avenue Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 228 W. Coolspring Avenue; stating he will be presenting this to the Board under a Demolition Hearing as soon as he gets the legal documentation that he needs to submit the “Notices”. Discussion ensued between the Board and Mr. Hatfield regarding when the new Property Maintenance Ordinance would be available for use. Mr. Hatfield stated the Building Commissioner, Tom Przybylinski and Craig Phillips, City Planner have been fine tuning some of the wording and language so it will meet the City’s needs. Regular Meeting –April 20, 2015 Page 11 Pending Item – Installation of “pedestrian crossing” sign on Barker Avenue near Queen of All Saints Church Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the installation of the pedestrian crossing sign that was requested on Barker Avenue near Queen of All Saints Church; stating he was out there a couple of weeks ago with the Street Department and they installed the sign, so the item could be removed from the Pending Item list. Pending Item – Remove temporary stop signs & install “cross traffic does not stop” signs on Lakeshore Drive Bob Zondor, Superintendent Central Services addressed the Board regarding Lakeshore Drive and Lake Hills installation of “cross traffic does not stop” signs; stating they are waiting on the “locates”. Pending Item – Paint curbing-Michigan Boulevard and 7th Street Bob Zondor, Superintendent Central Services addressed the Board regarding the painting of the curb at Michigan Boulevard and 7th Street; stating this has been painted. Discussion ensued between the Board and Mr. Zondor regarding pot hole patching. Mr. Zondor stated they are still working on that. PUBLIC COMMENTS President Janus asked if there was anyone from the public who wished to address the Board. There was no response. BOARD COMMENTS President Janus asked if there were any Board comments. President Janus addressed the Board and City Engineer, Charles “Spike” Peller regarding if the City has a requirement if someone wants a curb cut road do they still have to put up a “bond”. Mr. Peller advised there is an application through the Planning and Inspection Department. Further discussion ensued between the Board and Mr. Peller regarding if someone wants to cut a hole in the street, can the City also do the same thing and require them to put up a “bond” so the work they do is acceptable. Mr. Peller explained that any work that is done within the City right-of-way requires a “bond”, but the City has not been requiring them from the Sanitary District, Water Department or N.I.P.S.Co., but any private entity requires a “bond”. Regular Meeting –April 20, 2015 Page 12 Discussion continued between the Board and Mr. Peller regarding the Sanitary District, Water Department and N.I.P.S.Co. being the main people that haven’t been putting the roads back the way they should be; some of the asphalt has not been smooth with the utilities. 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 9:35 a.m.). Vice-President Palmer made the motion to adjourn. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk