REGULAR MEETING - APRIL 5, 2004

Transcription

1 REGULAR MEETING - APRIL 5, 2004 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, April 5, 2004, 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 Anthony Metzcus, who presided. Noted Present: Anthony Metzcus, Mayor Charles Oberlie, and Controller John Schaefer (3). Absent: None (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: John Espar, City Attorney and Board Counsel Joe Siegel, Zoning Administrator Sergeant Matt Zolvinski, COP Dave Morlan, Vector Control Director Sergeant Chris Yagelski, COP Ron Plencner, Code Inspector John Pugh, City Planner Charlie Cate, Superintendent, Central Maintenance Jim Elwell, Superintendent, Central Services Terry Farmer, Director, Street Department Chief Gene Simmons, Police Department Bill Phelps, City Engineer Deputy Chief Steve Jesse, Police Department Corporal Al Green, Traffic Division Captain Mark Harris, Traffic Commander Al Walus, General Manager, Sanitary District Walter Gipson, Director, Municipal Coach Chief Ralph Martin, Fire Department Pat Larsen, Deputy City Clerk Amanda Haverstick, News-Dispatch Ron Miller, Radio Station WEFM APPROVAL OF MINUTES Mr. Schaefer moved the minutes of the Regular Meeting of March 15, 2004, be approved as printed. The motion was seconded by Mr. Oberlie and carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). AWARDING OF BIDS Demolition 1358 Russell Street - Louis Wayne Solner, owner Harber Construction, Beverly Shores... $4, Andy Salat Excavating/Construction LLC, Michigan City... $2, Mr. Plencner recommended awarding the bid to the lowest bidder Andy Salat. He advised that there are other aspects to this case that will be taken to court on Wednesday, but they want to get the structure down first. Mayor Oberlie, noting that EEO had approved both contractors, moved to accept the recommendation and award the bid to Andy Salat at $2, The motion, seconded by Mr. Schaefer, carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). Per Resolution No Police Cars Harbor Chevrolet-Cadillac... $17, (1 unit) $176, (10 units) $352, (20 units) Chief Jesse recommended purchasing fifteen (15) Chevy Impalas from Harbor Chevrolet. Including units we will be trading in, the total will come to approximately $240, Other equipment, bid out previously and carried over, includes bids from Waymire Electronics, Ace Autobody, Crismar, etc.; this will bring the outfitting of all fifteen cars to $271, (not including cameras). We are hoping to purchase enough cameras from Decatur for every squad car we have. Mayor Oberlie moved to accept the recommendation, seconded by Mr. Schaefer. The motion carried by the following vote: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). Per Resolution No Transit Service Evaluation Nelson/Nygaard Consulting Associates, San Francisco, California... $73, TranSystems Corporation, Chicago, Illinois... $64, Plus options... $20, Arthur N. Gaudet & Associates, Carrollton, Texas... $86, Plus options... $4,500.00

2 April 5, 2004 Page 2 Bernardin-Lochmueller & Associates, Inc., West Lafayette, IN...$96, A & R Consulting and Roos Design & Consulting, Houston, TX... $86, Urbitran Associates, Inc., New Haven, CT...$58, RLS & Associates, Inc., Dayton, OH...$58, Additional cost for telephone household survey option...$15, Mr. Gipson recommended awarding the contract to Nelson/Nygaard Consulting Associates, at not to exceed $73, The evaluating committee consisted of Mr. Gipson, Kevin Kieft (Neighborhood Planner), Mr. Schaefer, and members of NIRPC, who provided valuable expertise. Criteria included the consultants experience, expertise in the field, understanding of the project, qualifications of the team members, and the price. The leading three bidders were interviewed by the committee. EEO compliance is not required. Mr. Schaefer stated that Nelson/Nygaard was clearly the most impressive of the three interviewed. Their proposal included researching funding opportunities grants, etc. Mayor Oberlie moved Mr. Gipson and the attorney s office be authorized to develop a contract with Nelson/Nygaard, not to be executed until we proceed with Council appropriations. Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). PROBLEM PROPERTIES Ron Plencner submitted the following report: JUNK VEHICLES VIOLATIONS CONDEMNATIONS Salvage yards W Michigan Blvd 1111 E 8 th St bad porch collapsing 312 Tryon Rd Jones Motors E Michigan Blvd 224 Hobart St trash/yard 328 Peru St Custom Motors E Michigan Blvd 415 E Woodlawn Ave open storage of scrap items 508 Cedar St Advance Automotive E Michigan Blvd 1301 Earl Rd Auto sales 612 Willard Ave David s Auto Repair E Michigan Blvd Chestnut St Pfieffer/trucks 309 Hendricks St C&F Auto Sales Holiday St Obstruction on ROW 807 Union St Harrison Street Auto Sales E Harrison St 805 Cooper St 437 Pleasant Ave 504 N Woodland Ave 215 W 8 th St 422 Willard Ave 802/806 Martin Luther King Dr 701 W 4 th 1023 W 8 th 109 N Woodland Ave 107 S Porter 1358 Russell St Mr. Plencner stated this new format has been developed by the Code Enforcement Group: Sgt. Zolvinski, Sgt. Yagelski, Mr. Siegel, Dave Morlan, and Mr. Plencner. He said the owners of the shaded properties in the Condemnations column all have been sent letters and notices and the title work ordered. As properties are removed from this list, more will be added. Citations have been issued to those in the Violations column. The Junk Vehicles column includes the salvage yards and will be addressed in the very near future. Mr. Plencner stated that, on 309 Hendricks, the owners informed him they will remove the property themselves and it should be down next week. The house at 328 Peru has become a hazard and, by ordinance, the Plan Director can authorize emergency demolition; we already have bids and will proceed. As far as we know, the owners are deceased. The property at 327 Willard (not yet on the list) will be torn down by the owners. RETIREMENT Jeff Cuma, Police Department, has submitted his 20-year retirement notice. This notice was placed on file. CERTIFICATE OF PUBLIC CONVENIENCE Ernest DeWayne Leslie, LaPorte, has submitted Application for Certificate of Public Convenience (Taxi). Mr. Leslie was present to support consideration of his request.

3 Page 3 April 5, 2004 Mr. Oberlie moved to set a public hearing for the next meeting (April 19, 2004). Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). Attorney Espar stated that the provision relating to taxicabs, specifically , provides the Board of Works shall recommend to the Common Council any additional legislation the Board deems appropriate. The code s insurance requirements are lower than we require in most other contexts. Currently, the insurance requirements are: Liability, $25,000/property and $75,000/person, $150,000 aggregate, to be carried by the taxicab company. That s low, and he suggested the Board recommend increased levels of at least $250,000/person, and the Board may wish to consider even higher. At his suggestion, Mr. Schaefer moved to request the Common Council to raise the insurance limits. Mr. Metzcus seconded the motion. At Mayor Oberlie's request, the motion was amended to have the City Attorney prepare such amendment on the Board s behalf. The motion carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). CONTRACTOR VEHICLE STICKERS The Tree Board wrote as follows on March 16, 2004: RE: STICKERS FOR CONTRACTOR VEHICLES With the coming of spring, Michigan City residents will once again face an onslaught of offers from itinerant unlicensed contractors to trim trees, do lawn maintenance, replace windows/siding/roofs, etc. To bring further accountability to these non-measurable types of work, the Tree Board would propose that the City issue stickers to registered/licensed contractors that offer home improvements and yard maintenance. Each sticker would carry a unique identifying number and would be affixed to each of the contractor's vehicles. Any resident with a question could note the identifying number on the truck and could call City Hall to verify that the contractor has a valid registration/license and liability insurance. Although our primary interest is in contractors offering to perform trimming and removal of street trees, we know that the City has a broader interest in protecting its residents from irresponsible contractors. The Tree Board would be happy to assist in Michigan City establishing a sticker program. Mayor Oberlie noted this request came through the Planning Department; it s a matter of the Board s looking at the feasibility of designing something, trying to determine how many vehicles the various contractors have, to see if it s something financially worthwhile. The Code presently requires contractors vehicles display the telephone number of the contractor and that s not done in all cases; that might be a better place for us to start. He moved the matter be tabled until the Controller s office can look at the cost of implementing and report back at their pleasure. Mr. Metzcus seconded the motion, which carried by the following vote: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). PARKING REQUEST Cornell Davis, 110 Broadway, wrote the following on March 16, 2004: I m requesting to utilize parking space at edge of lot at former fire station located across the street from my house 110 Broadway St. I ll be respectful and move my car whenever I see that property is being used. I have to park two blocks away from my residents because all other property is the City s. I ve spoke with Chief Martin he has no problem with me parking thier he told me however to check with the Board of Works. Mr. Davis was present and stated that he has been ticketed in the past few months for parking on that lot. He reiterated his request. Mr. Schaefer moved to grant permission as requested, seconded by Mr. Oberlie. The motion carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). CODE ENFORCEMENT GROUP Review of condemnation sign proposals. Members of this group showed examples of permanent-type signs to place on condemned properties to replace cardboard placards that can be easily removed. There was discussion of the wording of the signs. Mr. Oberlie moved the group and the attorney be authorized to work it out and proceed. Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). Mr. Oberlie stated that he would like to see the team work with the Fire Department on burned-out buildings. We need to find a way to move more quickly. PHYSICAL FITNESS TESTING

4 April 5, 2004 Page 4 Fire Captain Chuck Greis has submitted schedule of testing in April, 2004: Mondays and Fridays at the following times: Station #1 9:00 a.m. Station #2 10:30 a.m. Station #3 1:00 p.m. Station #4 2:30 p.m. This was filed for informational purposes. STILL WATERS On March 24, 2004, John A. Doyle wrote as follows: RE: Still Waters We are requesting to be placed on the agenda for April 5, 2004 or the next meeting which ever is first for the above referenced subdivision for dedication of easements and signing of the final plat. If you have any questions, please let me know. Mr. Doyle was representing the Quint s, who have a two-parcel subdivision on Warnke Road. Their intent is to build a new home. The matter was approved by the Plan Commission at their last meeting. The parcel is about 900 feet west of Indiana 212. He is asking for dedication of the right-of-way of Warnke Road. Mr. Oberlie moved to approved, seconded by Mr. Schaefer. The motion carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). SOAP BOX DERBY Johnny Stimley, in a letter received March 29, 2004, made the following request: Are requesting for closing Barker Ave & Elston down Barker Ave for 4 blocks. On Sat May 15 th from about 10:30 (trial run) to 12:30 and on Sat May 22 nd (Soap Box Derby Date) from 12:30 to about 3:00 or 2:30. Cpl. Green said he had been in touch with Mr. Stimley and the Traffic Division does not see any problem with the arrangements. Mr. Schaefer moved to approve the request, seconded by Mayor Oberlie. The motion carried by the following vote: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). ZOO RUN The letter also contained the following request: Also on July 10 th the Washington Park Zoo Run will be taking place. This is the 3 rd year which will have the same course.! Lake Shore to Center St.! Left on Fogarty St. To Oming St.! Left to Arndt St. Following around to South Lake Ave and turn left! Right on Lake Shore Dr.! At Stop 9 make a U-turn and come back south on Lake Shore Dr. To Nevada Ave.! Turn right go over sand dune to the beach! Turn left down to the shore line where an official will direct you to the parking area finish line. I have it okayed by the Park Dept. Cpl. Green stated that there have been no problems with this event in the past and recommended approval. Mayor Oberlie moved to approve, seconded by Mr. Schaefer. The motion carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). STREET LIGHTING Mark Ream, President, Ream Corporation, 826 Karwick Road, wrote as follows on March 30:

5 Page 5 April 5, 2004 I was unable to attend the "MEET THE MAYOR" gathering at the senior center today to discuss some issues of concern with you. So, I'm taking the fit time to express our concerns related to our business located here in Michigan City IN at US 12 and Karwick Road. For over 43 years the 19 th Karwick Road. Hole Liquor Store has resided at 826 Karwick Road at the intersection of US 12 and As I'm sure you are aware many significant improvements have developed at this intersection over the past 13 years. Namely, the development of a Bank, presently occupied by Alliance Banking Co. The erecting of the Karwick Glen Town Houses, the complete remodeling of the Karwick Citgo Service Station and the building of a Auto Service Garage at 830 N Karwick Rd. In addition, we at the 19 th Hole have continued to make significant improvements to our facility and site for the convenience of our customers. Years ago we requested, from the city, the installation of street lamps at the southwest corner of Hwy 12 and Karwick road. Presently the businesses at this location provide all outdoor lighting for their patrons. it is my understanding that Alliance Bank is to be demolished and a new 10,500 sq. ft. CVS Pharmacy will replace the bank. With the increase in traffic at this intersection, we feel it necessary to have the city examine the outdoor street illumination. We believe several street lamps are needed to provide adequate and safe lighting for our community. Also, is it possible for you to contact our City Water and Sanitation Engineers to examine the water problem we are having at this same location? It is in regards to a water storage tank underground at 830 N. Karwick, which fills up whenever we have significant rainfall. Water stands between Karwick Road and our property, sometimes turning to big sheets of ice, and is eroding the road and blacktop of these properties. We truly appreciate your time in looking into these matters and seek your deepest consideration in making improvements to this intersection. As always we will continue to provide our residents with a safe, clean and bright environment with your continued support. Please feel free to contact me at (219) to discuss these issues. Mayor Oberlie moved to refer the light matter to the Inspection Department and the storm sewer to the Sanitary District. Mr. Metzcus seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). CANDIDATE FORUM Jo Ann Engquist, League of Women Voters, wrote on March 31, 2004: I am writing to request the use of the Council Chambers on Wednesday, April 21, 2004, so that the League of Women Voters of LaPorte County may conduct an open forum for the seven candidates who are running for the Michigan School Board. We would require the use of the room from 6:00 P.M. to 9:00 P.M. Please consider this request at the Board of Public Works and Safety s next scheduled meeting. Mr. Schaefer moved to approve the request, seconded by Mayor Oberlie. The motion carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). MUNICIPAL SKATE PARK Mr. Phelps presented an agreement between Fanning Howey Associates, Inc., and this Board for a skate park adjacent to Carroll Avenue. The contract is the standard form of AIA Agreement, with modifications as far as limitation of liability. This contract covers the schematic design, design development, final design for working drawings and specifications, the bidding procedures, and the general observation of construction. The contract is in the lump sum amount of $36, Carl Baxmeyer, Fanning Howey, presented the proposed schedule for the completion of the Skate Park. Mr. Oberlie moved to approve the agreement, seconded by Mr. Schaefer. The motion carried by the following vote: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). LAFAYETTE/BARKER PROJECT Mr. Walus presented the following Letter of Understanding between the Board of Public Works & Safety and the Sanitary District for approval:

6 April 5, 2004 Page 6 A LETTER OF UNDERSTANDING BETWEEN THE SANITARY DISTRICT OF MICHIGAN CITY AND THE MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY REGARDING THE ENGINEERING OF A NEW 78" DIAMETER STORM SEWER INTERCEPTOR FOR: LAFAYETTE/BARKER STORM WATER SEPARATION PROJECT PHASE 1 ENGINEERING

7 Page 7 April 5, 2004 WHEREAS, the Sanitary District of Michigan City (herein after referred to as the "District") Long Term Control Plan has as its cornerstone Michigan City's 40-year commitment of removing storm water from combined sewers through storm water separation projects; and, WHEREAS, the largest geographic area in Michigan City that still relies primarily on combined sewers has been evaluated in detail by the District and such evaluation indicates the need for the design and construction of a new 78" diameter storm sewer interceptor; and, WHEREAS, the budget of the City of Michigan City for the Year 2004 contains an appropriation for the engineering of the proposed new storm sewer interceptor, with said fund being administered by the Board of Public Works and Safety (herein after referred to as the "Board"); and, WHEREAS, the Lafayette/Barker Sewer Separation Study clearly provides two options for the routing of the 78" diameter storm interceptor, with one option having the interceptor located under York Street and another option having the interceptor located under Lafayette Street; and, WHEREAS, the City Administration has made outreach efforts to the Common Council of Michigan City for input with respect to the two options for the interceptor location; and, WHEREAS, design engineering for the 78" storm interceptor must begin in order to have a completed design in hand in preparation for future funding opportunities. NOW, THEREFORE the District and Board agree as follows: Section 1: Section 2: Section 3: That the District will provide engineering services for the design of the proposed Lafayette/Barker 78" diameter storm interceptor as described in the whereas clauses of this letter. That the Board of Works shall designate the route of the storm sewer no later than May 3, That after the District has reviewed and approved periodic claims from the consulting engineer, the District will forward said claims to the Board for payment; however, the Board's financial liability under this agreement shall not exceed $500,000 with all designated for engineering related services. Mayor Oberlie stated that this gives us the month of April to select the route (Lafayette Street or York Street). He talked with Council President Przybylinski the previous Friday and requested a workshop be held in the month of April; he has indicated he will try to get that onto the calendar. Failure to do so would mean that, at our first meeting in May, we would have to decide where it goes. Mr. Walus pointed out that, until we are able to design the 78" storm sewer and get a better handle on costs, it is difficult to project both cost and timing for the remaining phases. Mr. Oberlie moved to approve, seconded by Mr. Schaefer. The motion carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). ALARMS Mayor Oberlie referred to private alarms monitored in the police station. Many years ago, in exchange for the dedication of some monitoring equipment, the City agreed to monitor those private alarms. As we move forward with the pressures of today s society, it seems to be an unnecessary burden on our dispatchers and raises the question of why we serve one and not others. We are in the process of implementing a new ordinance that will penalize companies for false alarms. It seems to be time, now, to have all private alarms removed from the police station. Recognizing that there might be some public issue to that removal, he requested the Board to establish a public hearing for the purpose of determining whether to proceed to order all private alarms removed from the police station. He moved the public hearing be held at the next meeting. The motion, seconded by Mr. Schaefer, carried by the following vote: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). MICHIGAN BOULEVARD PARKING Mayor Oberlie said we have requested the Police Department to conduct some overnight parking surveys on Michigan Boulevard to determine the feasibility of removing said parking. One of the objectives is to implement a more aggressive night-time sweeping program on the Boulevard; most likely on Sunday evenings, beginning 8:30 or 9:00 P.M. He moved a hearing be established for the next meeting, to allow all of the residents of the Boulevard to come forth with testimony. If we approve it, it will be a recommendation to INDOT from us; the objective would be to ban parking on Hwy. 35 from one end to the other. Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). BOULEVARD CLEAN-UP At the request of Mayor Oberlie, the Code Enforcement Team gave an update on the clean-up of Michigan Boulevard. CLAIMS AND PAYROLL

8 April 5, 2004 Page 8 Mr. Oberlie 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 Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). 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 $377, of $378, of $218, $975, Allowance of claims as set forth in the Register of Claims as follows: Page Date Amount 1 of $5,176, The presiding officer inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:05 a.m.). Thomas F. Fedder, City Clerk