REGULAR MEETING - FEBRUARY 2, 2004 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, February 2, 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 Nancy Widelski, Director, Human Rights, and EEO Officer Ron Plencner, Code Inspector John Pugh, City Planner Bill Phelps, City Engineer Al Walus, General Manager, Sanitary District Deputy Chief Mark Donaldson, Fire Department Brandon Brooks, Fire Inspector Terry Farmer, Director, Street Department Jim Elwell, Superintendent, Central Services Pat Larsen, Deputy City Clerk Amanda Haverstick, News-Dispatch Ron Miller, Radio Station WEFM Paul Przybylinski, Second Ward Councilman APPROVAL OF MINUTES Mr. Schaefer moved the minutes of the Regular Meeting of January 26, 2004, and the Bid Opening held on January 28, 2004, be approved as printed. The motion was seconded by Mr. Metzcus and carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). AWARDING OF BIDS Street and Alley Paving Rieth Riley Corporation, LaPorte... $519,892.50 Walsh & Kelly, Griffith... $540,017.50 Pavement Traffic Markings Airmarking Company, Rochester... $17,269.00 Mr. Phelps advised that all contractors have met all of the requirements of the contract documents. Rieth Riley is the low bidder by estimated quantities; it is not a lump sum project, it will be unit prices as we have done in the past. Mr. Phelps recommended awarding the bids to Rieth Riley (Street and Alley Paving) and Airmarking Company (Pavement Traffic Markings). EEO has advised that all companies are acceptable for bidding purposes. Mr. Przybylinski objected to awarding the bids at this time until we find out what we re doing with the intakes and try to conserve all dollars that deal with riverboat money. He was advised that, in order to use the Local Road and Street funds, we have to have a valid contract. Mr. Schaefer moved to accept the Engineer s recommendations and award the bids to Rieth Riley and Airmarking. Mr. Oberlie seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). OPENING OF BIDS Sale of City-owned property - Lot 6 of Block 22, Elston s Original Survey One bid was received, in the amount of $38,250.00 from Horizon Bank. A check for $3,825.00 was submitted as surety. Mr. Oberlie moved to refer the matter to the Attorney s office. Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0).
February 2, 2004 Page 2 PROBLEM PROPERTIES Mr. Plencner submitted the following report: Mr. Plencner advised that three properties have been added (Nos. 64, 65, and 66) and explained the reasons for their inclusion. He said 414 East Ninth Street (a garage in the back) has also been added, but too late to be included on this report. The owner has assured the garage will be demolished in February or March (he wants to park his cars in that location). He said he, Zoning, and the two community policing officers have been addressing all the problems they have been getting: they are addressing problems on car lots and salvage yards, trying to get them cleaned up. BURNING PERMIT Anne Schaible, 1517 Lake Shore Drive, requests permission to have an occasional wood-burning fire in a copper fire dish in her back yard. This was referred to the Fire Department at the last meeting. Chief Donaldson reported that there is no address posted on the property and they are not sure which of two or three houses is involved. They know it is on the south side of Lake Shore Drive. They have not been able to reach Mrs. Schaible due to lack of a telephone number. The department recommends denying the request. Mr. Oberlie asked the Attorney to write the homeowner and ask that she contact the department and to walk through the process of the ordinance. Since this is our first request, we need to set a procedure we can follow on future requests as well. Mr. Oberlie moved to table, seconded by Mr. Schaefer.
Page 3 February 2, 2004 Mr. Przybylinski called attention to the fact that the Council adopted an ordinance to mirror state guidelines and there is nothing in there concerning a permit. The motion to table carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). CONVEYANCE OF PROPERTY Conveyance to City of miscellaneous land historically used as a right-of-way. Mr. Espar explained that this involves a sliver of land along Karwick Road which has historically been used as right-ofway. When legal work was done for a construction project, it was identified as not having been conveyed to the City. The owner brought it to our attention. He requested the Board empower his office to coordinate with the landowner for the conveyance by deed. He said it s just a housekeeping matter. Mr. Oberlie moved to authorize Mr. Espar as requested, seconded by Mr. Schaefer. The motion carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). LANDSCAPING REQUEST Mr. & Mrs. Billy Bowen, Jr., 1806 Greenwood Avenue, requests permission to plant shrubs on city property. (Revised request.) Mr. Pugh, Mr. and Mrs. Bowen, and Mr. Phelps spoke to this request. Mr. Bowen cited problems with neighbors parking on the property in question, along with leaving rubbish. He would like to permission to keep it up and make it look good. Mr. Pugh said he would not object to Mr. Bower planting grass on the plot, he would not object to shrubs along their property line. He didn t think we can prohibit parking in the area by planting an obstruction in the right-of-way. Mr. Oberlie inquired whether we could prohibit parking in the area; Mr. Pugh said he thought we could. Mr. Oberlie moved to prohibit parking along the property. Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). ELECTION Fire Merit Commission member - Friday, February 13, 2004 Incumbent - John Stimley The election will be held in the Clerk s office from 9:00 a.m. to 4:00 p.m. FIRST ANNUAL SAMARITAN SKEDADDLE Janet Latchford (439 Boyd Circle) appeared and presented the following letter written by Chris A. Chatfield, Race Course Chair: I am requesting your consideration of the following race sponsored by the Michigan City Samaritan Center. The Samaritan Center is planning on a 5K Walk/Run followed up with a post race gathering in the parking lot located at South corner of 8 th and Washington. The post-race party will have a Michigan City based band, food and non-alcoholic beverages. We anticipate that most runners should complete the course in 30 minutes, with the walkers on the course for approximately 45 minutes. Most of the course has sidewalks for the walkers. Key information Sponsor: Samaritan Center of Michigan City Event: 1 st Annual Samaritan Skedaddle Date: Apri1 24, 2004 Time: Run will start at 9 am. The post race party is scheduled to last until approximately I pm. Participants: Anticipating 300 runners and 50 walkers Route: Please see attached map The start will he at the corner of 8 th and Washington. We will head South to 9 th street and turn left (E) to Pine. We will then turn left (N) onto Pine, and proceed (N) on Pine, across Highway 12 and to Lakeshore Drive. We will proceed on Lakeshore to the Washington Park entrance/exit immediately past the Zoo and the just East of the Band Shelter, which is a one-way street. We will proceed to the next intersection (Fedders Alley) and then turn Left (W), past the Senior Center down the hill to the first right and head West to Park Entrance Drive. We will then turn North and head toward the Lake and follow the normal traffic pattern through the parking lot and exit the park near the statue on Lakeshore Drive. We will then travel back across the Trail Creek bridge, around the police station and South down Washington Street and finish at the corner of Washington and 9 th Street.
February 2, 2004 Page 4 Again, thank you for your consideration of this event. Additionally, we have notified the Park Board of this event and once the Board of Works approves the course, we will request final approval from the Park Board to hold this event on Park Property. Please contact me at 219-531-6318 during the weekdays with any questions or concerns or my email at cchatfie@mercantileweb.com. Mr. Oberlie advised Ms. Latchford that we will need proof of insurance. He moved to refer the matter to Traffic and to ask the Park Department to give us approval, and the Fire Department, to make a recommendation at the next meeting. Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). MEMORANDUM OF UNDERSTANDING Mr. Oberlie presented the following memorandum of understanding between this Board and the Michigan City Area Schools and moved for its adoption. Mr. Schaefer seconded the motion, which carried as follows: AYES: MEMBERS Metzcus, Oberlie, and Schaefer (3). NAYS: None (0). MEMORANDUM OF UNDERSTANDING BETWEEN THE MICHIGAN CITY AREA SCHOOLS AND THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY WHEREAS, the City of Michigan City, Indiana, by and through its Board of Public Works and Safety, City of Michigan City supports the purpose and goals of the Michigan City Area Schools Safe Harbor Program as an effective means of improving student's classroom performance, furthering the educational process during afterschool hours and substituting opportunities for mischief with constructive, supervised time when schools recess for the day; and WHEREAS, the Michigan City Board of Public Safety supports the Michigan City Area Schools M.A.P. Program as an alternative to out of school suspensions and as an effective means of restructuring disruptive behavior and furthering the educational process; and WHEREAS, the Michigan City Common Council has appropriated funds in support of such program activities; and WHEREAS, the Michigan City Area Schools operate the Safe Harbor and M.A.P. Programs through independent agreements for operation, supervision, and administration of such programs; and NOW, THEREFORE, BE IT UNDERSTOOD AND AGREED, that the Michigan City Board of Public Works and Safety and the Michigan City Area Schools provide a cash grant of Two Hundred Thousand and 00/100 Dollars ($200,000.00) in support of the Safe Harbor and M.A.P. Programs for the 2003-2004 School Year, with Summer School Year and 2004-2005 Regular School Year; and BE IT FURTHER AGREED, that: the Michigan City Area Schools shall be required, as a condition thereof, to provide a quarterly status report at the end of each school year, detailing grant expenses, participation levels, location of program activities, description of program activities, and identification of any subcontractors. BE IT FURTHER AGREED that the Michigan City Area Schools may appropriate the grant funds between the M.A.P. and Safe Harbor Programs in such proportions as the Michigan City Area Schools deems appropriate in its independent discretion. MEETING DATE CHANGE Due to a holiday, the next meeting will be held at 9:00 a.m., Wednesday, February 18, 2004. CLAIMS AND PAYROLL Mr. Schaefer 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. Oberlie 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 1 of 9 January 23, 2004 $480,639.89 Allowance of claims as set forth in the Register of Claims as follows: Page 1 of 1 January 29, 2004 $628,423.14 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 9:50 a.m.).
Page 5 February 2, 2004 Thomas F. Fedder, City Clerk