REGULAR MEETING - MAY 15, 2000

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REGULAR MEETING - MAY 15, 2000 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday, May 15, 2000, 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: Mayor Sheila Brillson, Anthony Metzcus, and City Controller Charles Oberlie (3). Absent: None (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: City Planner John Pugh City Engineer Boyd Phelps Emergency Management Director Don Siddall Police Traffic Corporal Al Green Sanitary District Director Jim McCarty Sanitary District Assistant Director Al Walus Street Department Director Terry Farmer Central Maintenance Superintendent Bob Pomeroy Central Services Superintendent Jim Elwell Deputy Fire Chief Mark Donaldson Deputy City Attorney John Espar Economic Development Secretary Sue Warnke City Clerk Tom Fedder Deputy Clerk Pat Larsen Erin Carey, News-Dispatch APPROVAL OF MINUTES Mayor Brillson moved the minutes of the Regular Meeting of May 1, 2000, be approved as printed. The motion was seconded by Mr. Oberlie and carried as follows: AYES: STREET LIGHT REQUEST Laure Kissinger, 300 Euclid Avenue, requests to have street light in Kimball Woods moved to a lot across the street. Planning to check with NIPSCO for estimate of the expense. Mr. Pugh advised that they had contacted NIPSCO and were given an estimated cost of $4,000.00 to move the light pole. This is a relatively new subdivision and it would set a bad precedent to start moving light poles. He recommended the Board deny the request. Mayor Brillson moved to deny the request, seconded by Mr. Oberlie. The motion carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). 503 LAKE SHORE DRIVE Letter from Attorney Jeffrey L. Thorne concerning removal of shrubs from City right-of-way at home of Steven and Nancy King. Held over from May 1 meeting. Marcus Baker wrote as follows on May 12, 2000: I am respectfully requesting a continuance until the next Board of Works meeting (June 5, 2000) because of unforeseen scheduling conflicts with my attorney Jeff L. Thorne. I would ask that no discussion or action take place on this issue until our presence at the next meeting. Mr. Baker also appeared at this meeting to reiterate his request. Mr. Oberlie moved to table the matter until June 5, 2000, seconded by Mayor Brillson. The motion carried as follows: AYES: WATER, SEWER CONNECTION Bruce Anderson, 306 Kintzele Road, would like to have water and sanitation. Held over from February 16 meeting for an update on review.

May 15, 2000 Page 2 Mr. Pugh reported that Water, Sanitary, the Engineer, the Controller and he were in the process of reviewing the easements and trying to come up with some remedy to provide sewer and water. The matter is under review and they are waiting on title work for Kintzele Road and a couple of others. Mr. Walus reported they have been working with Haas & Associates, along with Mr. Pugh and others, for different options, depending on title and easement conclusions. Mr. Oberlie moved that the matter be brought back for an update in 90 days. Mayor Brillson seconded the motion, which carried as follows: AYES: TRAFFIC STUDY REQUEST Councilman Milsap requested traffic study be conducted at intersection of Coolspring Avenue and Jackson Street. At April 19 meeting, this was referred to Traffic and Planning, to be reported back at this meeting. Mr. Pugh presented a drawing showing the intersection, traffic counts, accidents (one in 1999 and two in 1998 [rear-end collisions not related to the intersection]), and the conditions at the intersection (visibility clear, four-way traffic signal at Woodland and Coolspring, four-way stop at Coolspring and Tilden). Coolspring carries about five times the traffic that Jackson does. There are no apparent problems at this intersection. He said they have no recommendation at this time. He sees no justification for a four-way stop. Mr. Oberlie suggested expanding the issue to the design of Coolspring from Jackson to Woodland, perhaps to look at widening Coolspring as it approaches Jackson and carrying it through to Woodland, allowing for left turns on green as well as the arrow at Woodland, and adjusting that intersection. Mr. Pugh said it would take more study on their part. Mayor Brillson moved to refer the matter to Planning and the City Engineer for study, with an update in ninety days. Mr. Oberlie seconded the motion, which carried by the following vote: AYES: REQUEST TO ADD NAME TO STREET SIGN The following letter, dated May 7, 2000, was received from Rev. Tyrone Bolden, Sis. Michelle Bush, and Sis. Evonne Norvell, Mt. Zion Missionary Baptist Church: The Mt. Zion M. B. Church Fam ily will be hon ori ng our Pastor, Rev. Stanley Mason. Pa stor Mason will graduate on Saturday, May 27, 2000, from United Theological Seminary, Dayton, OH. with a Doctoral Degree in Theology. Rev. Mason has been the pastor of Mt. Zion for the past rune years. He has been a spiritual blessing to the church and a role model to young people through out the community. Whether in a public meeting or a private consultation, Rev. Mason's leadership and character shines br ightly. Those who know him, know him to be a humble servan t of God and a frien d to humanity. We will celebrate his commencement in a special service on Sunday, May 28, 2000 at 4:00 p.m. We would like to ask your board's approval to add the name Rev. Dr. Stanley Mason, to the Helen Street sign at the corner of Helen Street and Michigan boulevar d, in honor of his accomplishments and his commitment to the Michigan City community. The officers of the church support this request and hope that you will make this an agenda item and give it your favorable consideration at your May 15, 2000, board meeting. Please contact Evonne Norvell at 872-7287, if you have any questions or need additional information. Sister Bush was present to speak for the church. Mr. Oberlie inquired whether this was just for the weekend. Sis. Bush responded that they wanted it to be permanent. She was advised that this Board does not have that authority; only the Common Council has the authority to make permanent street name changes. Mr. Oberlie suggested she contact Councilman Milsap and ask him to take this to the Council in the nature of an Ordinance. Ms. Bush then asked for permission for a temporary sign. After discussion, Mayor Brillson moved the Street Department be instructed to manufacture and, with the Engineer s assistance, install the requested sign in an appropriate location for the occasion. Mr. Oberlie seconded the motion, which carried as follows: AYES: SPRING FESTIVAL The following letter was received from George Smrt, President Westside Improvement Group, Inc., on May 10, 2000: WESTSIDE IMPROVEMENT GROUP, INC. PLAN THEIR ANNUAL SPRING FESTIVAL ON SATURDAY, MAY 20, 2000 AT THE WESTSIDE NEIGHBORHOOD CENTER 301 GRANT AVE HOURS ARE FROM 1 TO 3 PM. WE ARE PLACING A REQUEST TO BLOCK OFF THE CORNER OF 8 TH AND GRANT AVE PATRICK STREET AND THE CORNER OF 9 TH AND GRANT AVE. THIS WOULD BLOCK OFF THE STREET DIRECTLY IN FRONT OF THE CENTER WHERE ALL THE ACTIVITY WILL TAKE PLACE. THE SPRING FESTIVAL WILL CONSIST OF GAMES, FREE HOT DOGS, HAMBURGERS, BALLOONS, CLOWNS, MANY PRIZES WILL BE GIVEN AWAY. IT WILL BE A COMMUNITY EFFORT FOR THE FAMILIES AND CHILDREN TO GET ACQUAINTED AND HAVE THE CHILDREN KNOW THERE ARE BETTER WAYS IN LIFE BESIDES GANGS AND DRUGS. THANK YOU IN ADVANCE FOR YOUR KIND CONSIDERATION IN THIS MATTER, WE REMAIN Mr. Oberlie advised this is an annual event and moved to approve. Mayor Brillson seconded the motion, which carried as follows: AYES:.

Page 3 May 1, 2000 CHANGE ODER A & F Engineering Co., Inc....$7,647.18 Mr. Pugh explained the change order as part of the signalization project - installation of handicapped ramps at 11 th and Washington Streets - and recommended approval. Mr. Oberlie moved to approve the change order, seconded by Mayor Brillson. The motion carried by the following vote: AYES: REQUEST FOR TREE REMOVAL The following letter, dated April 12, 2000, was received from 1 st Ward Councilman Chuck Lungren: Mr. Robert Schultz, who owns property at 606 Dixon St. would like the Board to consider his request to have a very large tree removed, where a sidewalk should be, in front of his house. I have personally viewed this spot, and must admit that I was taken aback at the situation. Whereas the entire block has sidewalks installed, they run smack dab into this big trees You have to walk around it to continue down the sidewalk. Mr Shultz s sewer and water lines are being inundated by this tree ( let's call her Betty). Well Betty has outgrown her britches. Betty is not on Mr Schultz's property. Betty is not even in the tree line or greenway area of the sidewalk Betty takes the place of the sidewalk in front of 606 Dixon. Betty is strangling city services to this house. I love Betty and Mr. Schultz loves Betty, but we think it's about time she goes to that great compost pile in the sky. Your consideration of Betty's fate would be greatly appreciated Mr. Farmer stated that the tree is on City property. It is a healthy maple tree. The tree would have to come down to complete the sidewalk. They would have to contract out removal of the tree. He felt the Tree Board should look at it. Mr. Walus said the Sanitary District would have to check their logs to see if there would be any problem with sewer and water. Mr. Oberlie suggested asking the Tree Board for an opinion and that the Planning Department contact the homeowner to see if he would, indeed, install a sidewalk. Mayor Brillson noted that the City has been creative in placing sidewalks around trees in order to save the trees. Mayor Brillson moved to refer the matter to the Tree Board, Planning, Street, and Sanitary, and table it to the June 5 meeting. Mr. Oberlie seconded the motion, which carried as follows: AYES: DUMPSTER The following fax, dated May 11, 2000, was received from H. Sean Mitchell, Servpro of LaPorte/Porter Counties, 702 Rose Street: Re: 1108 Elston Street Please allow this fax transmittal to serve as my request to be added to the docket for the Board of Works meeting, Monday, May 15 th, 2000. My pur pose for attending the meeting is to request placemen t of a dumpster in the City s right of way for reconstruction of the dwelling due to lightning damage. Mr. Mitchell was present. He said they did not have room for a dumpster in the back of the lot. They could place it either in the alley or in front of the home. He requested permission to do so. He said it would be no longer than two months. Mr. Oberlie moved to refer the matter to the Engineer, to work with the Traffic Division and the representative of Servpro in the placement of a dumpster. Mayor Brillson seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). PARKING ON WABASH Tom Wilson, 1303 Wabash, wrote the Mayor requesting that parking on Wabash Street be limited to the east side of the street only between Williams and Eleventh Streets, with parking banned on the west. The road narrows at that point and, with parking on both sides of the street and with the number of children in the neighborhood, it has become a difficult area to navigate. Mayor Brillson stated that she was almost hit head-on on Wabash at that location because the street is not striped now and someone came into her lane of traffic. She suggested referring the matter to Planning, Engineering, and Traffic for their review. Mr. Oberlie reported that Councilman Przybylinski had called him that morning, asking him to convey to the Board Mr. Przybylinski s request that the corridor of Wabash and Washington between Eleventh and Barker Avenue be restudied for the placement of a stop sign someplace on both streets. Mr. Wilson was present and spoke to the matter, reiterating his request. Mayor Brillson moved to refer the matter to Traffic, Planning, and Engineering for study. Mr. Pugh noted that there was a study going on now that would be reported at the first meeting in June - a stop sign request at Washington and Ripley Streets. They are also studying Washington and Ann Streets. Mr. Oberlie seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0).

May 15, 2000 Page 4 STREET LIGHT TIMING Mayor Brillson advised that Norman Chinski (627 Tremont) called and said the light on Ripley at Franklin changes too fast (going east and west). Mayor Brillson requested the matter be referred to Traffic and Planning and reported back at the next meeting. Mr. Oberlie seconded the motion, which carried as follows: AYES: NO PARKING SIGN Mayor Brillson stated that Maria Leatherman, 3919 Jackson Street, complained that, recently, a NO PARKING sign was placed in front of her house and she usually parks there, herself. Mayor Brillson requested the matter be referred to Traffic, Planning, and the Street Department, and reported back at the next meeting. Mr. Oberlie seconded the motion, which carried as follows: AYES: SIDEWALKS O Neil Reeves, 315 East Tenth Street, said that, at 11 th and Cedar Streets, he had all new sidewalks put in in the City sidewalk program; evidently, the concrete must have been bad. He said Chris Bohnert looked at the sidewalk and agrees something is wrong with the concrete. He asked that something be done about it. Mayor Brillson moved to refer the matter to Engineering and Planning, to be reported back at the next meeting. Mr. Oberlie seconded the motion, which carried by the following vote: AYES: CHANGE ORDERS/CASH ALLOWANCES Cash Allowance - Tonn & Blank Construction... $2,686.00 Mr. Oberlie stated this relates to the installation of a PVC pipe and well for the overflow of the new fountain at Millennium Park. He moved to approve, seconded by Mayor Brillson. The motion carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). Cash Allowance - Tonn & Blank Construction... $13,815.00 Mr. Oberlie explained this relates to modification of the rail system during the construction of Millennium Park. He moved to approve, seconded by Mayor Brillson. The motion carried by the following vote: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). Change Order G-002 - Tonn & Blank Construction... $61,935.00 Mr. Oberlie said this relates to the paving bricks which are being installed and the engraved bricks on order, with additional work for installation. He moved to approve, seconded by Mayor Brillson. The motion carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). TELEPHONE SYSTEM Mr. Oberlie presented proposals from Tri-Electronics to change the telephone systems at City Hall and the Police Department. He said the initial cost for the system at City Hall would be just over $40,000.00. The annual savings on Voice Mail, alone, for us will be $2800.00. By reducing additional lines, we will saving $24,000.00 over the length of the contract. At the end of five years, it will be an actual gain situation. He moved to approve both, seconded by Mayor Brillson. The motion carried by the following vote: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). PARADE PERMIT After the Board meeting, Clerk Thomas Fedder presented a letter from Thomas Howe, Post Commander, John Franklin Miller Post No. 37, dated March 24, 2000, as follows: Once again, the John Franklin Miller Post 37 the American Legion, will be organizing a Memorial Day observance on May 29, 2000. As part of the Memorial Day activities a patriotic par ade will be the highlight of the day. The parade will be held on Monday, May 29, 2000 beginning at 9:00 a.m. from Skwiat Legion Ave. and Washington St. The route of the parade will be from this starting point to May Ave., east to Franklin St. where it will cross to Decatur St. It will continue east on Decatur St. to Greenwood Cemetery. A memorial service will be conducted at Greenwood Cemetery to honor our fallen h eros. We are asking that the Board of Public Works and Safety issue a parade permit, and allow the closing of necessary streets and alleys. Help from the Michigan City Police Department will also be necessar y. By telephone poll and personal contact, the Board approved the parade.

Page 5 May 1, 2000 CLAIMS AND PAYROLL 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 Mayor Brillson and carried as follows: AYES: The Board signed: Payroll Items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: No. Date Amount 401 5-1-00 $1,081.01 402 5-1-00 $202,772.70 403 5-1-00 $30,971.16 404 5-1-00 $264.58 405 5-3-00 $431,010.46 406 5-3-00 $65,026.75 407 5-10-00 $388.95 408 5-10-00 $48,425.00 $779,940.61 Allowance of claims as set forth in the Register of Claims as follows:

May 15, 2000 Page 6 Page Date Amount 1 of 1 4-28-00 $2,298,165.75 2 of 2 5-5-00 $156,537.54 1 of 1 5 10-00 $338,032.42 4 of 4 5-12-00 $68,546.36 $2,861,282.07 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 10:00 a.m.). Thomas F. Fedder, City Clerk