Board of Public Works & Safety

REGULAR MEETING – September 21, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, September 21, 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). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Charles “Spike” Peller, City Engineer Capt. Steve Jesse, M.C.P.D. Traffic Division Craig Phillips, City Planner Chief Mark Swistek, M.C. Police Department Judy Pinkston, Community Development Director Kalon Kubik, Mayor’s Administrator Bob Zondor, Superintendent Central Maintenance Jeremy Kienitz, Superintendent M.C. Parks Department Jeff Deuitch, Human Rights Director Shelley Dunleavy, Personnel Director Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of September 8, 2015. Vice-President Palmer made the motion to approve the minutes as presented of the September 8, 2015 Regular meeting. 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 STOP SIGNS AT THE CORNERS OF SHORT ST. AND BUTLER ST. Spike Peller the City Engineer addressed the board that there is a good reason for this, he would refer to the Police Department to see what the Traffic Division might have to say. Vice-President Palmer stated he talked to Lt. Loniewski last night because the Board had this issue four years ago, yield signs, does the traffic manual recognize yield signs anymore? These intersections have yield signs. Vice-President Palmer drove the area this weekend, along Dewey, as well as Butler, there are yield signs at those intersections. All the yields signs were replaced in the Marsh School area four years ago with stop signs to prevent issues and now the same issues with yield signs are happening at these intersections. Mr. Peller stated that the City might want to look at replacing the yield signs with stop signs, Regular Meeting – September 21, 2015 Page 2 although yield signs are a way of controlling traffic he does not think they are as effective as they should be. Vice-President Palmer added that it would be his recommendation to have this reviewed and there are probably a dozen or so yield signs on both sides of Butler and Dewey, he did not go down Dickson to look. Just the cross streets between Michigan Boulevard and Barker Ave. On the other side of Barker Ave they have all been changed to stop signs. Mr. Peller stated there is a survey going on, of all the traffic signs in the city, this is being done through Northwestern Indiana Regional Planning Commission with a grant they provided. Mr. Peller stated that the city received the award for this grant about a year ago. Capt. Steve Jesse with MCPD Traffic Division stated in regards to this intersection and going back with accidents, he was able to locate a total of 4. One was in 2009, another in 2011, another in 2013, and just recently this year in 2015. So there was a total of 4 accidents in the past 6-7 years. Vice-President Palmer asked if Capt. Jesse concurred with the notion that the yield signs should be changed to stop signs because of the volume of traffic in the area? At this point, Capt. Jesse could not say so, he did not go out there and sit for an hour or two to see what he would run across. As far as an accident, he did mention there was one recently, but a total of 4. The 3 previous ones were intersection accidents where someone disregarded or thought they looked and pulled out and got hit. The last one was a little different, but he did not pull the case report on it. Capt. Jesse stated it appears the Board is going to be getting a few more of these requests, and since Mr. Peller has a study going Capt. Jesse would suggest perhaps even though it make take another 3 or 4 months till the end of the year it might be beneficial instead of doing these things piece mill when it may or may not be warranted. Let’s see what this study shows. It was believed that the request Capt. Jesse was talking about were people asking for stop signs that don’t have stop signs. These are replacing yield signs, but the amount of traffic in a neighborhood and the way cars park on the road it is hard to see coming out of those intersections. When you just yield you are just making yourself available to get hit per Vice-President Palmer. Duane Parry 5th Ward Councilman 2206 Maple St. addressed the board that he is requesting that the stop signs be added at the request of the residence at 223 Butler, 227 Butler, 302 Butler and 309 Butler. They have stated to Mr. Parry they have witness the vehicle accidents that the police officer mentioned plus several near misses with children playing around the intersection and on bikes. Mr. Parry says he saw no yield signs on Short Street where it intersects Butler Street. Maybe they are there, maybe they are obscured from view. Mr. Parry is requesting this on behalf of these citizens that stop signs be installed on Short Street and only Short Street, it is not a neighborhood request, only Short Street at the intersection of Butler Street and Short Street. Aishatu Kelly 1121 Hoyt Street addressed the Board with her concerns about the intersection of Chestnut and Hoyt Streets and requested a stop sign be placed on Hoyt Street. Vice-President Palmer made a motion to install a stop sign at Short and Butler Street at this time and request that the City Engineer look at all the intersections that have yield signs, and look into replacing them in that area. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST FOR STOP SIGNS AT CHESTNUT ST. AND HOYT ST. Regular Meeting – September 21, 2015 Page 3 Aishatu Kelly 1121 Hoyt St. addressed the board stating they do not have yield signs. There are just two stop signs on the corner of Chestnut, but as you are on Hoyt St., there are no yield signs, there are no stop signs. There are children that ride bikes up and down the street, a neighbor’s child crosses the street, and children do not know to automatically stop because he is young. So this young child is coming across the street to see Ms. Kelly and there is a car going fast, doing way more than 20 mph. April Blonk 1141 Hoyt St. addressed the board with her concerns about the intersection of Chestnut Street and Hoyt Street. She is requesting a stop sign be placed on Hoyt Street. Angela Iantria 1107 Hoyt St. addressed the board with her concerns about the intersection of Chestnut Street and Hoyt Street. She also added that she was in an accident at that intersection just recently. Ashley Ann Killingbeck 1124 Hoyt St. addressed the board with her concerns about the intersection of Chestnut Street and Hoyt Street. She stated that she has a 6 year old and a soon to be 3 year old, neither one of them are really good about stopping and looking before they cross the street. She is trying to teach them but kids will be kids and when they see something they want they are just going to go. She explained how the cars speed down Hoyt Street every day, she is not only scared for her kids but all the kids on her block. Capt. Steve Jesse with MCPD Traffic stated in regard to that intersection he has located 2 accidents, one this year and one last year. He does understand completely what the residents are saying, however he is not sure where to draw the line at as far as where you put stop signs and where you don’t. They yield sign is basically the same as a stop sign, you have to make sure it is ok to go through the intersection. Please remember people run stop signs also, you won’t have a police officer at every intersection. People speed on Franklin Street and Ohio Street and they speed on Hoyt Street too. Vice-President Palmer made a motion to refer this to Engineering to review along with MCPD Traffic and to make the recommendation at the next Board of Works meeting. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. MEMORANDUM OF UNDERSTANDING BETWEEN MCAS AND BOW-LIASON OFFICER Corporate Counsel Amber Lapaich stated that this is identical to what the Board executed last year. As the Board may recall a few years ago, to transfer the property where the new police station is going to be located the City agreed to provide one resource officer for 5 years at no cost to the school. Ms. Lapaich believes there is still one more year after this year and then the agreement will be fulfilled. This is the MOU for this year and asked the Board to support and approve the same. Vice-President Palmer stated this is an agreement that the Board has had for years and made a motion to approve the Memorandum of Understanding between the Michigan City Area Schools and Michigan City Public Board of Works and Safety for the school liaison officers for 2015/2016. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. PUBLIC HEARING ON THE SALE OF FOGARTY STREET (460121361005000022) Regular Meeting – September 21, 2015 Page 4 President Janus opened the Public Hearing. Corporate Counsel Amber Lapaich stated this was an open Public Hearing as to whether or not any members of the public feel strongly one way or the other about whether the city should dispose of this property. At the conclusion of the Public Hearing this Board should make a recommendation to the Mayor as to whether or not the property should be sold. Patrick Donoghue 1020 N. Roeske Ave stated he is interested in the stand point of what the zoning is, he thinks it is R2 but wants to make sure. Craig Phillips answered Mr. Donoghue that the property is zoned R1E, which is single family and is generally associated with the lake front. Mr. Donoghue continued by asking if there has been an appraisal on the property? Corporate Counsel Amber Lapaich informed him there has in fact been two appraisals, one was $95,500.00 and the other was $94,000.00. Mr. Donoghue continued again by asking if there were 6 separate lots in this parcel? Mr. Phillips replied there are 4 separate lots, they go from Fogarty one side to Blaine Street, then Lake Ave runs along the east side. Vice-President Palmer wanted to make sure that the City had no use for this property and that is why the City wants to sell it? Ms. Lapaich stated Mr. Phillips identified a list of parcels that were not of value to the City and this was one of them. This property was purchased at the time for the planned Lake Ave extension which the City ended up not doing, so there is no longer a use for this property. Vice-President Palmer made a motion to recommend to the Mayor that the City sell this property, the 4 lots zoned R1E, to sell at his discretion. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). PLACEMENT OF HI-INTENSITY BEAM LIGHT Larry Silvestri 314 Kenwood Place in Michigan City and is a member of the Redevelopment Commission. Mr. Silvestri addressed the board about the Hi-Intensity Spot Light installed on the new pavilion in Washington Park. Mr. Silvestri expressed his concerned about this spot light, 1) it would be an aviation hazard affecting private pilots in small aircrafts using the lakefront for navigation 2) it would affect nearby residents and visitors 3) Beverly Shores is recognized by the International Dark Sky Association to be the 7th Dark Sky Community in the world 4) millions of birds migrate up and down Lake Michigan from May till October 5) cost to operate the spotlight. Therefore, Mr. Silvestri requested that before the spotlight is operated, the Board of Public Works and Safety and the Mayor approve it completely. Craig Phillips addressed the board with the Zoning Ordinance Changes and the light is allowable. He also stated that the Planning Department had no record of this information, specific to the spot light itself with the building plans. Mr. Phillips reviewed the plans when the issue originally came up, when it was brought to the Planning Departments attention first. There was a spot light shown on the plans but it was not the one that is of the intensity that is up there today. Mr. Phillips requested those plans and they were given to the Planning Department, but it was only after the request of those plans that they had the information. So he did not have the opportunity to address or review the purposed spot light for compliance for zoning until most recently. The inspectors have reviewed it and it only requires standard inspections in order to be made operational. The bigger question is, do other jurisdictional issues apply? One other issue that needs to be dealt with that Mr. Phillips has requested is and has received written confirmation that it is being addressed is the light itself is so large, it is being considered roof top equipment. This requires there be a wall shielding those pieces of equipment from public view and Mr. Phillips has requested that be Regular Meeting – September 21, 2015 Page 5 installed on the building to hide both the rooftop units that are up there now as well as the light itself. Jeffrey Katz the attorney for the Parks and Recreation Department with an office at 831 Washington Street. He stated he has a lot of respect for Mr. Silvestri perspective about Dark Skies, this however is not a spot light. This is an LED light display, it is an entertainment devise. It will be on for limited amounts of time in coordination with special events in Washington Park. If everyone recalls the Laser Light Display at the NIPSCO Tower years ago, this is not a laser light, it is an LED light display. According to Mr. Katz understanding it is at a 1,000 ft. high, the intensity of the bulb, the intensity of the light is about .02 foot candles. This is not an FAA violation, FAA prohibits laser lights displays and certain hi- intensity light displays that exceed 200,000 Lumens and that are designed to penetrate navigable airspace. Mr. Katz reinstated this devise is not designed at 1,000 ft. this is .02 foot candles this devise is not designed to penetrate navigable airspace. This devise would be on somewhere in the neighborhood of 50 hours a year. It is the Parks intention to generate a list of events each year that the light display will be on for example, the opening of the Festival of Lights, New Year’s, July 4th, before the fireworks, boat race and boat show to name a few. Corporate Counsel Amber Lapaich stated she was not sure why this was in front of this Board. She asked that from the beginning. She is not sure if the Board of Works has jurisdiction over property that is in possession of the Park Department. What she thinks needs to happen is the Park needs to get ahold of Planning, which it sounds like they are going to, to finalize any details and whether or not there are any specifics that they need to accommodate or not accommodate or if there are violations. The Board of Public Works and Safety takes no action on this matter at this time. SINGING SANDS LICENCE Corporate Counsel Amber Lapaich stated it is not ready at this time. AGREEMENT – ARCHETECT SERVICES FOR NEW POLICE STATION Chief Mark Swistek address the board along with Erica Irving the Interior Designer with American Structurepoint, Inc. Recently this Board approved a Construction Contract with American Structurepoint, Inc. which handled the architectural design more or less to do with all the framing and general construction. This agreement is architect’s services for the furniture, fixtures and equipment which is everything on the interior. This contract will cover the services being provided to the City of Michigan City through American Structurepoint, Inc. They will also work with the bidding process to seek out furniture pricing, and all the other equipment needed for the locker room and anywhere else in the building where there is furniture and lockers. Vice-President Palmer made a motion to approve the request for the architectural services in the amount of $72,000.00. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. 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 Regular Meeting – September 21, 2015 Page 6 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 8 09/18/2015 $410,302.75 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 4 09/18/2015 $230,831.48 1 of 1 09/23/2015 $29,965.54 UNFINISHED BUSINESS – Pending Items Pending Item – 111 Franklin St. Craig Phillips and Russ Hatfield addressed the board that the Planning Department has not received any information on the interior build out. However, permits have been granted for the exterior work. Mr. Adams had a representative present at the last meeting and he was aware of the deadlines. There is a November 15, 2015 deadline for exterior improvements, but no activity at the building that Planning is aware of. There were original orders to repair issued, but they have not issued new ones, Mr. Phillips agreed with the Board that something should be issued in writing soon so the deadline is clear. Pending Item – Fire Training Center Paving Lot Spike Peller the City Engineer stated they will be transferring the property at Wednesdays Sanitary District Board Meeting. Pending Item – 915 Green St. Russ Hatfield the Code Enforcement Officer for the City of Michigan City stated that he would like to keep this on hold. Pending Item – Sinking/Receding Property northwest corner of 7th and Franklin Russ Hatfield the Code Enforcement Officer for the City of Michigan City stated he believes that Mr. Lake is in communications with the Redevelopment Commission about other possibilities with this property. Mr. Phillips stated that was correct, there was talk about placement of the Santa Claus House being there. He did not have any details today, but will stay on top of this and report back. Regular Meeting – September 21, 2015 Page 7 Pending Item – 1214 E. Michigan Blvd. Russ Hatfield the Code Enforcement Officer for the City of Michigan City stated he will schedule the pre bid conference for October 7, 2015 and will request to receive bids on October 19, 2015. Trudy Karallas 3010 Maple Street, Michigan City address the Board with her concerns about this property. Pending Items – 1120 Elson St. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated he would like to keep this one on hold. Pending Items – 1125 E. 8th St. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Pending Items – 228 W. Coolspring Ave Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Pending Items – 710 E. Barker Ave. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Pending Items – 904 E. Michigan Boulevard Russ Hatfield the Code Enforcement Officer for City of Michigan City stated he needed to get with Ms. Lapaich on this one. The demolition’s contractor has not finished the demo. Bollards were not put in, there has been no top soil and seed. The City is still holding the bond and the demolition’s contractor has not been paid for the work either. Mr. Hatfield is not sure what the next step would be except to hold bids to complete the work, then withhold that amount from the original bid award. President Janus asked if this contractor had anymore contracts and Mr. Hatfield responded no and is not bidding on any current ones. Pending Items – 312 Willard Ave Russ Hatfield the Code Enforcement Officer for City of Michigan City stated when he was there last week it is a pile so demolitions have started. Regular Meeting – September 21, 2015 Page 8 Pending Items – 414 E. 9th Street Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Pending Items – 701 Union Street Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Pending Items – 501 Hoyt Street Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Pending Items – 522 Pleasant Ave Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Pending Items – 301 Dewy St. Russ Hatfield the Code Enforcement Officer for City of Michigan City stated this property will be part of the pre bid conference on October 7, 2015 and will request to receive bids on October 19, 2015. Vice-President Palmer asked if there could be a separate meeting for these called otherwise it would be a lengthy meeting since October 19 was the second Board of Works meeting in October. The Board decided to check their schedules and schedule a Special meeting just for the demolitions. Pending Items – Zoological Society Corporate Counsel Amber Lapaich spoke with Mr. Stimley on Friday, his board had signed the license agreement and if the Board will recall this is for the ability for the Zoological Society to plant the apple trees and some flowers for the animals. This was signed and Mr. Stimley did talk to his insurance carrier for the Zoological Society and they can meet the City’s requirements. Mr. Lapaich will be placing the license on the next board agenda to be approved. NEW BUSINESS Community Based Projects Program Agreement between Ball State and City of Michigan City Corporate Counsel Amber Lapaich addressed the board with the Community Based Projects Program Agreement between Ball State University and the City of Michigan City. The Common Council has already approved the funding of these services in the amount of $11,000.00 and Mr. Phillips might want to speak just a little bit farther about this project. Regular Meeting – September 21, 2015 Page 9 Mr. Phillips addressed the board that cities sometimes have an opportunity to work with universities on outreach projects through practical projects. Ball State University is already working with the City of East Chicago on a project similar to this and they like to do projects in the same area. Mr. Phillips then explained briefly the details of this agreement. Vice-President Palmer made a motion to allow Mr. Phillips to sign on behalf of the Board of Works the contract with Ball State University in the amount of $11,000.00 for the preliminary plan for the Eastport Neighborhood. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. City Hall Pedestrian Bridge Repairs. Spike Peller the City Engineer stated the board has before them some quotations to repair the pedestrian bridge at City Hall. Mr. Peller recommends to the Board of Works to accept the offer from Gariup to repair the Pedestrian Bridge. Virginia Keating made a motion to approve the bid from Gariup for the amount of $23,274 to repair the City Hall Pedestrian Bridge. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. New Assistant Planner Craig Phillips introduced to the Board the new Assistant Planner, Jessica Gauge. Stop Sign at Short Street and Butler Street. Duane Parry 2206 Maple Street addressed the board that after the Board decided to place stop signs at Short and Butler, Mr. Parry went back and told the residents. There was some miscommunication and what the residents wanted is the traffic stopped on Butler Street at Short Street. Vice-President Palmer withdrew his motion and Virginia Keating withdrew her second. The request was referred to Planning, MCPD Traffic and City Engineer to report back at the next meeting. BOARD COMMENTS President Janus asked if there were any Board comments. There was no response. Corporate Counsel Amber Lapaich advised the board that there would be a 5 minutes recess and then they would have the Grievance Hearing. 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 10:35 am). Virginia Keating made the motion to adjourn. The motion was seconded by Vice- Regular Meeting – September 21, 2015 Page 10 President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk