Board of Public Works & Safety

REGULAR MEETING – October 16, 2017 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, October 16, 2017 at the hour of 8:30 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular mee ng room of this Board. The mee ng was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Rich Murphy and Virginia Kea ng (3) Absent: NONE (0) A QUORUM WAS NOTED PRESENT. Also noted in a endance: Amber Lapaich, Corporate Counsel Lt. Je Loniewski, M.C.P.D. Tra c Division Sue Downs, Code Compliance O cer Joe Plunk, Code Compliance O cer Skylar York, Assistant City Planner Aaron Borngraber, Associate City Planner Kalon Kubik, Mayor’s Administrator Charles “Spike” Peller, City Engineer Steve Stanford, M.C. Sanitary District David Farmer, Director M.C. Central Services Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any correc ons to the minutes of the Regular mee ng of October 2, 2017. Vice-President Murphy made the mo on to approve the minutes from the October 2, 2017 Regular mee ng. The mo on was seconded by Virginia Kea ng and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. REQUEST FOR STREET CLOSURE – Johnny S mley, Main Street Associa on, is reques ng the closure of Franklin Street from 7th Street to 8th Street for the Annual Flame & Flair Halloween Event on October 28, 2017 between the hours of 5:00 p.m. – 9:00 p.m. Johnny S mley, 401 Franklin Street, addressed the Board sta ng Main Street Associa on is having their annual Flame & Flair Halloween Event on October 28, 2017; explaining they are reques ng street closure of Franklin Street from 7th Street to 4th Street, for Downtown Trick or Treat and other ac vi es; between the hours of 5:30 p.m -8:00 p.m. Lt. Je Loniewski, M.C.P.D. Tra c Division, advised this is the same as the previous year, and they had no problems; recommending approval of the request. Vice-President Murphy made the mo on to approve the request for street closure for Johnny S mley, Main Street Associa on, reques ng the closure of Franklin Street from 7th Street to 4th Street for the Annual Flame & Flair Halloween Event on October 28, 2017 between the hours of 5:30 p.m. – 8:00 p.m. The mo on was seconded by Virginia Kea ng and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. REQUEST FOR STREET CLOSURE –John Van Prooyen, Zorn Brew Works Company, 605 East 9th Street is reques ng street closures of 9th Street from York to Oak Street and York Street from 9th to approximately the alley (heading north towards 8th Street) for a Haunted House from 5:00 p.m. ll 11:00 p.m. on October 20,21,27,28,29,30 and 31st, 2017. John Van Prooyen, Zorn Brew Works, addressed the Board, sta ng this is their 1st Halloween Event and will be in conjunc on with the M.C. Fire Department and M.C. Police Department; proceeds from this event will go to local chari es in Michigan City. Discussion ensued between President Janus and Mr. Van Prooyen, regarding if this would be held at a house. Mr. Van Prooyen stated it will be in the old Brewery across the street from the Carriage House. ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ffi ffi ffi ffi ti ti ti ti ti ti tt ti ti ti ti ti ff ff ti ti ti  Regular Mee ng – October 16, 2017 Page 2 Lt. Je Loniewski, M.C.P.D. Tra c Division stated this event is in conjunc on with the local F.O.P. and M.C. Fire Department; advising he was assured that they will not be se ng any structures up in the street and that the street is being closed for pedestrian tra c safety; the F.O.P. representa ves assured Lt. Loniewski that they will have a representa ve out there each night to set up barricades and take them down; therefore, he would recommend approval. President Janus asked if they have insurance for the event and Corporate Counsel, Amber Lapaich responded, yes. Virginia Kea ng made the mo on to approve the request for the street closure of 9th from York to Oak and York from 9th to the alley running north towards 8th Street, on October 20,21,27,28,29,30, and 31, from 5:00 p.m. ll 11:00 p.m. for a haunted house. The mo on was seconded by Rich Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. REQUEST FOR STREET CLOSURE- Michael Kuss, General Manager, Sanita on District, is reques ng street closure on Oak Street between Madison and Homer Street for a sewer replacement project from October 23-31, 2017. Charles “Spike” Peller, City Engineer addressed the Board, sta ng he has looked at this and it is a necessary street closure and he is reques ng approval. Vice-President Murphy made the mo on to approve the requested street closure for the Sanita on District, reques ng the closure of Oak Street between Madison and Homer Street for sewer replacement project from October 23-31, 2017. The mo on was seconded by Virginia Kea ng and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. AGREEMENT – Agreement to extend Fiber Op c agreement between the City of Michigan City and ACME Communica ons, Inc. Corporate Counsel, Amber Lapaich, addressed the Board, sta ng that back in 2015 the City entered into an agreement with ACME Communica ons; the agreement provided for an extension of the underlying agreement as long as the par es agreed; advising they will extend services through November 30, 2018 to $8,263.20 per month, which is a slight increase by a couple hundred dollars from the 2015 agreement. Virginia Kea ng made the mo on to approve the agreement to extend Fiber Op cs agreement between the City of Michigan City and ACME Communica ons; extending the agreement through November 30, 2018 to $8,263.20 per month. The mo on was seconded by Rich Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. REQUEST FOR A VENDOR LICENSE – Mark Bauer, 537 Boyd Circle is reques ng a Vendor License for his “New Day Construc on and Tree Service LLC” located at 537 Boyd Circle Mark Bauer, 537 Boyd Circle, addressed the Board, reques ng the opportunity to go door to door to solicit new customers; advising his business will provide home improvements, tree trimming and tree removal. Discussion ensued between President Janus and Mr. Bauer regarding if this will be working in the neighborhood or all over Michigan City. Mr. Bauer responded that he would be working throughout Michigan City. Corporate Counsel, Amber Lapaich stated it would be between the hours of 9:00 a.m. and 7:00 p.m.; Counsel Lapaich provided Mr. Bauer with a copy of the local Michigan City ordinance that speaks of hand bills. Counsel Lapaich stated if the Board approves, he will be granted a City issued ID. Vice-President Murphy made the mo on to approve the request for a Vendor’s License for Mark Bauer, 537 Boyd Circle, for New Day Construc on and Tree Service. The mo on was seconded by Virginia Kea ng and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. CHANGE ORDER AND TIME EXTENSION – Charles “Spike” Peller, City Engineer is reques ng spot treatment for curbs and sidewalks on Hendricks Street Charles “Spike” Peller, City Engineer addressed the Board sta ng the City has money le over from the Village Green project and that Mayor Meer and some Council members have requested that ti ti ti ti ti ti ft ti ti ti ti tti ti ti ti ti ti ffi ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ffi ti ti ti ti ti ti ti ti ti ti ti ti ff ti  Regular Mee ng – October 16, 2017 Page 3 the money is spent on Hendricks Street, from Barker Avenue to Michigan Boulevard; advising the money is capped at $120,000.00 and will be used for spot treatment for curbs and sidewalks. Virginia Kea ng made the mo on to approve the sum of $120,000.00 for spot treatment for curbs and sidewalks on Hendricks Street. The mo on was seconded by Rich Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. RESIGNATION – Michigan City Police Department announces the resigna on of Bret Darrell e ec ve October 1, 2017 President Janus advised the Board of the Michigan City Police Department’s announcement of the resigna on of Bret Darrell e ec ve October 1, 2017. (note: For Informa onal Purposes only) DISCIPLINARY EXTENTION REQUEST – Randy Novak, Chief M.C.F.D., is reques ng to extend the me to inves gate a disciplinary issue ll October 31, 2017 Vice-President Murphy made the mo on to the approve extension request to inves gate a disciplinary issue un l October 31, 2017. The mo on was seconded by Virginia Kea ng and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. PURCHASING POLICY – Board of Public Works and Safety authoriza on of all “open accounts/ vendors” Corporate Counsel, Amber Lapaich addressed the Board sta ng she did not place this on the agenda, asking if the Clerk’s o ce had done so. Discussion ensued between City Clerk, Gale Neulieb, and Counsel Lapaich; Clerk Neulieb stated it is to advise the departments; Counsel Lapaich advised this is just a reminder to Department heads to get open accounts in by December, and also, it is just an FYI; Clerk Neulieb asked if the Clerk’s o ce needs to send a memo; Counsel Lapaich stated an email will be ne. President Janus said “no ac on” will need to be made on this item. CLAIMS AND PAYROLL Virginia Kea ng 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 rm(s) as set forth, and payrolls approved. The mo on was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Kea ng (2). NAYS: None (0). Mo on carries. The Board signed: Payroll items in Register of Claims for informa onal purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 8 10/16/2017 $400,864.98 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 11 10/16/2017 $796,168.63 1 of 1 10/16/2017 $35,974.04 ti ti ti ti ti ti ti ti ti ti ti ffi ti ti ti ff fi ti ti ti ti ti ti ti ti ti ti ti ffi ti ti ti ff fi ti ti  Regular Mee ng – October 16, 2017 Page 4 UNFINISHED BUSINESS MAINTENANCE ON THE VILLAGE GREEN ENTRANCE SIGNS David Farmer, Director M.C. Central Services, advised the Village Green sign project has been completed, all signs have been cleaned, repainted and repaired. THE INSTALLATION OF A “SLOW STOP AHEAD” SIGN AT WAYNE STREET AND LAKE HILLS ROAD David Farmer, Director M.C. Central Services also advised that the “Slow Stop Ahead” signage has been put up at Wayne Street and Lake Hills Road. INSTALLATION OF A ‘NO PARKING’ SIGN AND ‘DEAD END’ SIGNAGE AT THE SMITH VALLEY LIFT STATION ON LAKE SHORE DRIVE David Farmer, Director M.C. Central Services advised the signs on Lake Shore Drive have been installed as requested. Virginia Kea ng made the mo on to remove these 3 items from the pending list. The mo on was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. PERMISSION FOR SIGN PLACED ON CITY RIGHT-OF-WAY AT 1721 LAKE SHORE DRIVE Skyler York, Assistant City Planner, addressed the Board sta ng the sign has been removed, pending approval; and if the Board approves the sign, it would be placed 100 feet o the road. William McLinden, Dunescape Construc on advised the Board this is a unique situa on; the sign is in the right-of-way, but not a right-of way on Lakeshore Drive, but a right-of-way that extends to his property. Corporate Counsel, Amber Lapaich advised, this should be referred to the Planning Department. Mr. York stated normally there is a 25 foot step back there that used to be called the view shed triangle, and nothing can go in that above 3 feet tall; and that is what they will hold Mr. McLinden to; advising it will need to get pushed back 25 feet from the intersec on at Lakeshore Drive. Discussion ensued between Counsel Lapaich and Mr. York regarding a condi onal approval. Counsel Lapaich asked Mr. York to make a detailed map that could be viewed showing exactly what it will look like; then the approval can be nalized. Discussion also ensued between the Board and Mr. York regarding whether or not the road is dedicated. Vice-President Murphy made a mo on to condi onally approve the placement of the sign subject to the recommenda on of the Planning Department. The mo on was seconded by Virginia Kea ng and carries as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. President Janus made a mo on to take this o of the pending list. The mo on was seconded by Virginia Kea ng and carries as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: None (0). Mo on Carries. PUBLIC COMMENT President Janus asked if there was any public comment; there was no response. BOARD COMMENTS President Janus asked if there were any Board comments. President Janus stated he had a request from someone that was trying to complete a street closure form and the person men oned it was di cult to complete based on the set up of the form. President Janus was asked if we could get separate forms. ti ti ff ti ti ti ti ti ti ti ti ff fi ffi ti ti ti ti ti ti ti ti ti ti ti ti ti ti  Regular Mee ng – October 16, 2017 Page 5 Corporate Counsel, Amber Lapaich stated that if someone has ques ons, the Clerk’s O ce would be happy to help or they can contact someone in Counsel Lapaich’s o ce, rather than crea ng separate forms. ADJOURNMENT President Janus stated as there was no other items on the agenda to be considered by the Board at this me, declared the mee ng ADJOURNED (approximately 8:55 a.m.). Virginia Kea ng made the mo on to adjourn. The mo on was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Kea ng (3). NAYS: (0). Mo on Carries. _________________________________________ Gale A. Neulieb, City Clerk ti ti ti ti ti ti ti ffi ti ffi ti ti