REGULAR MEETING - JUNE 18, 2001

REGULAR MEETING - JUNE 18, 2001 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, June 18, 2001, 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 Attorney and Board Counsel John Espar Code Inspector Ron Plencner City Engineer Bill Phelps Central Maintenance Superintendent Bob Pomeroy Traffic Cpl. Al Green Emergency Management Director Don Siddall Sanitary District General Manager Al Walus City Planner John Pugh Human Rights Assistant Director Ta-Tanesha Clark City Services Superintendent Jim Elwell Street Department Director Terry Farmer City Clerk Tom Fedder Deputy Clerk Pat Larsen Kathy Ceperich, News-Dispatch Ron Miller, Radio Station WEFM APPROVAL OF MINUTES Mayor Brillson moved the minutes of the Regular Meeting of June 4, 2001, be approved as printed. The motion was seconded by Mr. Oberlie and carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). URBAN PARK DESIGN Robert Schaefer, 2800 Oriole Trail [Community Dynamics Corporation], was present. He stated that he was hired on April 7 as a consultant for Phase I of the downtown urban park - the result of Arthur Andersen s north end project, which was considered one of the projects that could begin right away. At this time, he stated it was time to begin a formal process to see what is involved with this urban park concept. He said he had prepared a Request for Proposal and Qualifications - Michigan City, Indiana, Urban Park Design, for architectural and design companies to come forth and show an interest in becoming the firm that will provide an overall master plan and, more specifically, design and construction cost estimates for the urban park. He sought approval to begin the proposal process - receipt of the proposals to be in three weeks. He said several engineering companies have shown an interest and predicted about six responses. Mayor Brillson shared some of the recommendations from Arthur Andersen/Camiros concerning the urban park. Kathy Ceperich, News Dispatch, inquired how the idea of a rink was selected, rather than a variety of activities. Mr. Schaefer said the idea came from Arthur Andersen. We want to focus on family-oriented activities. There are no ice skating rinks in the area - Mishawaka has the nearest one. Mr. Metzcus stated that we are at the point of looking at anything and everything and, if the concept of a skating rink doesn t sit well with people, they should be given the opportunity to come forth and present their ideas of what should be placed there. After further discussion, Mr. Oberlie moved to approve the recommendation for solicitation of proposals, with receipt of proposals on July 9. Mayor Brillson seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). AWARDING OF BIDS 825/823/819 Chicago Street (Robert D. White and Randall C. East, owners) W agoner Excavating, LaP orte, IN... $48,000.00

June 8, 2001 Page 2 G. E. Marshall, Inc., Valparaiso, IN...$57,000.00 W oodruff & Sons, Inc., Michigan City, IN...$57,000.00 Andy Salat Excavating & Construc tion, Inc., Michigan City, IN...$118,890.00 Mr. Plencner wondered, because of the amount and type of debris, where it would be dumped. The information written on the bids was vague. He requested the Board ask the contractors where the dump site will be. Robert Wagoner, the apparent low bidder, was present and said he would be dumping at the LaPorte landfill. Mr. Oberlie read from Wagoner Excavating s bid: Decayable debris will be disposed of at the LaPorte County Landfill site; all other debris will be dumped on land owned by W agoner Excavating located in LaPorte County, IN Mr. Wagoner said none would be left in Michigan City. There was discussion of his property at 601 Sheridan Avenue, behind the prison, and whether it is zoned for dumping. Mr. Oberlie moved to hold this for two weeks to allow the Planning office to work with Mr. Wagoner to get this resolved. Mayor Brillson seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). DEMOLITION STATUS REPORT Mr. Plencner gave the following report: Demolition - Status Report Week Ending 6-15 - 2001 511-519 Chicago Published notice of dem olition hear ing, prese ntatio n to Board of W orks on Ju ly 9 th (Feed Store) 819/823/825 Chic ago Reviewed bids, will m ake reco mm endation to Board o f W orks on Ju ly 9 th (Bernies Garage) 133 E. Barker In the process of preparing all necessary paper work for presentation to demolish 312 Tryon In the process of preparing all necessary paper work for presentation to demolish 1117 W. 9 th Ordered title work, preparing for presentation to demolish 1027 W. 9 th Ordered title work, preparing for presentation to demolish Demolition completed by City 2001 142 Hendricks Demolition completed to specification 8 th & Hwy 12 Greenhouse ( UEA ) 834 Em ily Demolition completed to specification Properties being reviewed for future demolition 231 Helen 612 Willard 1128 W. 9 th 409 Lincoln 1111 G arfield ( Schmo ck Bldg. ) Demolition completed by property owners: 920 Ohio ( Corner 10 th and Ohio) OHIO STREET -BARKER ROAD John Doyle presented plans and the project manual for the Ohio/Barker sewer separation project of the Sanitary District and explained boundaries, etc. He proposed that, during construction, traffic would be routed off of Ohio Street to Wabash and Tennessee Streets. Mr. Oberlie moved to accept the plans pursuant to the letter of agreement between the Sanitary District and the City and pursuant to statute for road construction purposes only, seconded by Mayor Brillson. The motion carried by the following vote: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). EXECUTION OF DEEDS Conveying properties from City of Michigan City to Sanitary District of Michigan City: Seven (7) properties. Board Counsel for review, to be reported back at this meeting. Referred to Mr. Espar reported that he had reviewed the deeds. They are proper in form; however, two of them refer to properties which are anticipated for use in the nature park off of Karwick Road. With those exceptions, he has no caveats to the Board for execution of the deeds.

Page 3 June 18, 2001 Mr. Walus stated that this proposal to transfer deeds is at the request of the Sanitary Board Commissioners. The majority of the properties are on Hitchcock Street and are primarily used by the Refuse Department. They realize that the deeds for Karwick Road properties would at some time possibly be transferred to the Park Department because of the development of the Karwick Nature Park. They request these properties not be transferred to the Sanitary District. Mayor Brillson moved we approve the transfers of the properties (with the exception of the two parcels on Karwick Road) from The City of Michigan City to the Sanitary District. Mr. Oberlie seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). STADIUM INN Steve Fabian has issues about his renovation of Stadium Inn. Referred to City Engineer, to be reported back at this meeting. Mr. Phelps, with the aid of a sketch, pointed out the location of trees and planters alongside Stadium Inn. He said the planters did not seem to be an obstruction. He felt landscape timber could be put in and a gravel area between the walk and the parking area. He pointed out a walkway leading from the Inn to one of the planters, making it a tripping hazard. The reason for water in the basement is that the sidewalk slopes toward the building. Concrete is still the proper material to use, he said. If he were to used paving brick, he still would have to use concrete beneath it. Mr. Phelps recommended the 6-foot sidewalk be placed so it provides drainage to the south at a ratio of 1/4" to a foot (standard). He appointed out an air conditioner that doesn t meet City code and a dumpster that should not be on the property. There is damage at the top of one of the trees and suggested the owner check with the Tree Board to see if anything can be done. Mayor Brillson pointed out the Board s intent is to help businesses maintain and improve their property. The nonconforming structure is already there and to prohibit him from maintaining and improving doesn t seem to be the most prudent course. She asked that Mr. Phelps work with Mr. Fabian. Mayor Brillson moved the Board approve the continued use of the 6-foot landscape pods to be improved under the direction and guidance of the City Engineer, and some of the other issues be addressed at the same time. Mr. Oberlie seconded the motion, which carried by the following vote: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). INVENTORY REDUCTION Don Siddall, Emergency Management, submitted a list of items he wishes to have removed from their inventory. June 5, 2001 Page 1 - Items For Disposal - This Page $5762 See Note * Inv. Year Original Rec d On No. Pur. Description Cost* Disposal Reason for Disposal 3441 1974 Cha ir, Sec. Swivel $ 48 $-0- Damaged (Note 1) 3456 1980 Cabinet, Metal 130 $-0- Bolted to Wall of MCPD (Note 2 ) 3459 1985 Shelves 5 -She lf 40 $-0- Bolted to Wall of MCPD (Note 2 ) 3460 1985 Cabinet, Coat 130 $-0- Bolted to Wall of MCPD (Note 2 ) 3462 1980 Tab le 60x39 25 $-0- In Use by MCPD 6-1-01 3463 1980 Tab le 60x39 25 $-0-3464 1980 Tab le 60x39 25 $-0-3465 1980 Tab le 60x39 25 $-0- (Note 3) 3486 1989 Yaesu Rad/Chgr. 704 $-0- Damaged/Destroyed (N-4 3507 1974 Rad io, Mo torola 1,151 $-0- Obsolete, Fire Damaged Donated to RACES 3512 1980 Telephone -- 50 $-0- Obsolete, 3513 1980 Unity 50 $-0- Not C om patible 3514 1980 Northern 50 $-0- With New 3515 1980 Telecom 50 $-0- City of M.C. 3516 1980 50 $-0- Telephone 3517 1980 50 $-0- Systems 5451 1990 Microphone DTMF 97 $-0- Donated to RAC ES (N-5 5452 1990 Yaezu Freq. Prog. 175 $-0- Donated to RACES (N-5) 5453 1990 Yaezu Mobile Trans. 549 $-0- Donated to RACES (N 5) 5456 1990 Moto. Ha ndi--talk ie 25 $-0- Damaged/Destroyed (N-4 5465 1990 TrippLite Powerpack 70 $-0- Donated to RAC ES (N-5 5467 1990 TrippLite Powerpack 70 $-0- Donated to RAC ES (N-5 5534 1990 TrippLite Powerpack 30 $-0- Donated to RACES (N-5 ) 5553 1991 Teledyne Em. Light 150 $-0- Hardwired to MCPD Bldg 5554 1991 Teledyne Em. Light 150 $-0- Hardwired to MCPD Bldg

June 8, 2001 Page 4 6411 1991 Bus Antenna System 116 $-0- Sold with bus 8-00. 6412 1991 Bus Ant. Transc. 825 $-0- Donated to RACES (N-5) 6413 1991 Bus Ant. Tuner 384 $-0- Donated to RACES (N-5) 6423 1992 Fed. Light, Mobile 75 $-0- Donated to MCPD. 6424 1992 Fed. Light, Mobile 75 $-0- These are lights have 6425 1992 Fed. Light, Mobile 75 $-0- mag nets to attach to 6426 1992 Fed. Light, Mobile 75 $-0- car roofs. They 6427 1992 Fed. Light, Mobile 75 $-0- should only be used 6428 1992 Fed. Light, Mobile 75 $-0- under Police superv. 6437 1993 Calculator TI5045II 68 $-0- Fire Damage (Note 8) *Cost may have been estimated. Some items from EMA Salvage or donated. * * * * * June 5, 2001 Page 2 Items being used by EMA. Cost this page $11,256 Inv. Year Original Rec d On No. Pur. Description Cost Disposal Reason for Disposal 6421 1992 Printe r, Pan asonic 395 $-0- Fire Damage (Note 7) 8943 1998 Komodo Computer, 295 $-0- Fire Damage (Note 7) Monitor, Keyboard 9825 1999 Printer, HP Ofc. Jet 399 $-0- Fire Damage (Note 7) 9841 2000 Radios, Portable M otorola NO T TO BE RE MOV ED AT THIS TIME THRU Model #P1225 521 Each See Note 9 9853 9857 2001 Computer, Pentium 710 $-0- Fire Damage (Note 7) 9858 2001 Computer, Pentium 710 $-0- Fire Damage (Note 7) 9859 2001 Monitor, 17" 249 $-0- Fire Damage (Note 7) 9860 2001 Monitor, 17" 249 $-0- Fire Damage (Note 7) Note 1 - Miriam and Don were using discarded chairs prior to fires. Note 2 - Th ese would hav e no v alue if rem oved from MCPD b aseme nt wall. Note 3 - These tables may or may not be returned. They have no value. Note 4 - These were old mobile radios. Should have been removed from Inventory when new radios were purchased in April 2000. Note 5 - This radio equipment was in the MCPD building and is no longer reliable. We kept 2 Yaezu Mobile Transceivers (1 in car and 1 in office) and 1 TrippLite Power Pack (Tags 5454, 5455 and 5466). Units 5455 and 5466 wets in MCPD fire. NOTE 6 -This Tower Assembly is being stared at the MCPD building, but has no resale or donation value. May never be used. NOTE 7 - The insurance company for the Police Department Building is to replace all Computers, Monitors and Printers in the building at the time of the fire. The laptop purchased in 1999 was not in the building at the time of the fire a nd was not dam aged. $3,441.00 O riginal Cost. NOTE 8 - This calculator is no longer printing clearly although bath the ribbon and taps hays been changed. It has be en cle aned by the EM A sta ff but it does not oper ate prope rly NOTE 9 - These radios were cleaned after the fire. Insurance may replace, or we will use them but estimated life of 8 years may be shortened. Original Cost is $7,815.00. Mr. Oberlie moved these items be declared surplus, unused and unwanted by the City, and that the items to be donated be authorized pursuant to the request, the other items be authorized for disposition. Mayor Brillson seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). TRAFFIC SIGNS! St. Anthony Memorial Health Centers have requested to make permanent a temporary stop sign on the northwest corner of Manhattan and Ripley Streets. Held over from June 4 meeting. Mr. Farmer reported that the sign on the southeast corner had been removed. Mr. Pugh said they agree with making permanent the sign on the northwest corner. Cpl. Green agreed. Mr. Oberlie moved to grant the request to make the latter sign permanent. Mayor Brillson seconded the motion, which carried by the following vote: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0).

Page 5 June 18, 2001! Norbert and Mary Schaaf, 2508 Wabash Street, request the Board consider changing the YIELD signs on Harrison and Wabash Streets to STOP. They wrote as follows on June 6: W e hereby request that cons ideration be given to ch anging the yield signs on Harrison and Wabash to stop sign s. We believe this is a very serious situation. It is almost impossible for someone coming up from either direction on Harrison to see c learly in time to s ee traffic on both directions on Wabash. This traffic is often heavy and very fast. Cars com ing east on Harrison have in the past hit the large oak in front of our house several times. Other trees have also been hit. This has resulted in serious damage to oak. It will now have to be removed. It is genera lly difficu lt to back o nto W abash be cause of the heavy tr affic, and is made mo re da ngerous when traffic does not have to stop at Harrison. W e res pectfully request this chan ge be ma de in th e interest o f safety. The matter was referred to Traffic and Planning, to be reported back at the next meeting.! Betty White, 1724 Kentucky Street, requests CHILDREN PLAYING or SLOW signs on her street between Ferry Street and Barker Avenue. There are no sidewalks. Ms. White was present and presented her cause. The matter was referred to Traffic and Planning, to be reported back at the next meeting. EXECUTION OF CONTRACT - Nationwide Retirement Solutions Mr. Espar explained this is a recommendation to amend the plan to permit the plan administrator to honor orders that generate out of domestic relation dissolution of marriage actions - to segregate out of the account funds that have been divided between two parties of a former marriage. It benefits all parties to a dissolution action and it is in the interest of the City to see that the employees have the ability to divide their assets as the law dictates. He encouraged the Board to give it serious consideration. Mr. Oberlie moved to approve, seconded by Mayor Brillson. The motion carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). SWAN LAKE MAUSOLEUM Development of bids by Design Organization, Inc. Mr. Oberlie stated this is for information purposes, only. RESOLUTION Mr. Oberlie presented the following resolution and moved for its approval; Mayor Brillson seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). RESO LUT ION N O. 2750 A RESOLUTION AUTHORIZING THE SOLICITATION OF BIDS FOR THE PURCHASE OF TRUCKS FOR THE CENTRAL SERVICES DEPARTMENT OF MICHIGAN CITY, INDIANA BE IT RES OLV ED b y the Board of Pu blic W orks and S afety o f the C ity of Michiga n City, In diana, that s aid City solicit bids for the purchase of TRUCKS, AS FOLLOWS for the Ce ntral S ervices D epartment of Michigan City, in accorda nce with specificatio ns on file in the office of the C lerk o f the C ity. One (1) 2002" one ton Pick-Up Truck Two (2) 2002" Tandem Axle Dump Trucks BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a notice to be published once each week fo r two c onsecutive we eks in the N ews-dispatch, a daily new spaper o f gen eral c ircula tion publish ed in Michigan City, notifying the public that said Board will receive s ealed bids for said trucks until the hour of 9:00 a.m., local time, on the 9 th day of July, 2001, at the Clerk's Office, located in the City Hall building, 100 East Michigan Boulevard, Michigan City, IN 46360.

June 8, 2001 Page 6 All bids shall be submitted on the prescribed forms which may be obtained from the Office of the City Clerk, containing the usual statutory noncollusion affidavit. Each bidder shall be required to file with each bid a certified check or bidder's bond in an amount equal to ten percent (10%) of the amount of the bid. A certified check shall be filed with eac h bid by a bidd er not having his principal place of busine ss in Indian a. A bidder's bond shall be filed w ith each bid by a bidder having his principal plac e of business in Ind iana. Each bidder must submit a written affirmative action program with said bid, which program shall include specific goals and timetables for the employment and training of minorities and of lower income residents of the project area. Each bidder must ensure that all employees and applicants for the employment are not discriminated against because of race, creed, color, sex, handicap, or national origin. The Board of Public Works and Safety herewith reserves the right to waive any formality, informality, or irregularity in any bid or bids received and to reject any and all bids received. INTRODUCED BY: /s/ Ch arles E. Oberlie Mr. Elwell stated that two mowers are needed by Vector Control. The Board authorized him to get quotations on them and bring them to the Board at the next meeting. INSPECTION Jim Elwell requested to speak on inspection of tree removal equipment. He stated that he saw a tree removal company working with poor equipment. He requested instructions to put teeth in the present ordinance requiring inspection of taxicabs, etc. We are letting ourselves open to a liability problem. Mayor Brillson moved Mr. Espar come back to the next meeting with advice concerning an amendment to the Council Ordinance to include tree removal equipment with a licencing procedure. Mr. Metzcus seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). REAL ESTATE Vic and Rene Migliore wrote as follows: IT HAS COME TO OUR ATTENTION THAT THE CITY OF MICHIGAN CITY MAY BE LOOKING FOR PRIME REAL ESTATE FOR FUTURE DEVELOPMENT. THIS SUBJECT REAL ESTATE IS ON THE CORNER OF E. RIPLEY ST AND FRANKLIN ST. THE PARCEL CONTAINES OFFICES, WAREHOUSE, LOADING DOCK AND CAGED PARKING. THE BUILDINGS SIT ON OVER 19,000 SQ FEET OF LAND THIS PROPERTY HAS NEVER BEFORE BEEN OFFERED FOR SALE.. IT NOW HOUSES OFFICES AND LAKE MICHIGAN BOLT INC. IF YOU WOULD LIKE MORE INFORMATON ON THIS PARCEL, PLEASE CALL ANYTIME AT 219-879-4434, AND ASK FOR VIC OR RENEE MIGLIORE THANK YOU FOR ANY CONSIDERATION. This is for information, only. STREET LIGHTS William Baugher, 1116 West 8 th Street, spoke concerning street lights blocked by tree limbs at the corner of Eighth and Huron Streets. Central Services will investigate. FIRE STATIONS Ron Miller inquired concerning distribution of a report on response times from the fire stations. Mayor Brillson responded. SPACE STUDY Mr. Oberlie stated that we are ready for the next stage of the study for the City Hall/Police facility by Design Organization, which includes the digital base plans for each of the facilities and the architectural surveys of the buildings. This phase would not exceed $25,000.00 plus an additional $4,500.00 for the construction estimates. He moved to authorize the

Page 7 June 18, 2001 execution of this letter of understanding by the Mayor. Mayor Brillson seconded the motion, which carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). COMMUNICATIONS CENTER For the construction of a new Communications Center at the Police Department, Mr. Oberlie moved the Board declare an emergency under IC-36-1-12-9, noting that, due to the fire at the department and the need to provide communications with officers and other emergency agencies, the Board determines there is not sufficient time to proceed with the normal bidding process and design process and, therefore, directs Design Organization to proceed to obtain two quotations - one from Tonn & Blank and one from Larsen Danielson - for the construction and installation of equipment at the Communications Center in the Police Department building. Mayor Brillson seconded the motion, which carried by the following vote: AYES: MEMBERS Brillson, Metzcus, and Oberlie (3). NAYS: None (0). CLAIMS AND PAYROLL Mayor Brillson 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. Metzcus and carried as follows: AYES: MEMBERS Brillson, Metzcus, and Oberlie (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: No. Date Amount 599 6-11-01 $1,118.83 600 N/A $0.00 601 6-11-01 $32,722.97 602 6-12-01 $64,818.05 603 6-12-01 $7,310.55 604 6-12-01 $513,901.96 605 6-14-01 $77,338.63 $697,210.99 Allowance of claims as set forth in the Register of Claims as follows: Page Date Amount 2 of 2 6-1-01 $2,200,903.86 1 of 1 6-1-01 $25,051.10 4 of 4 6-15-01 $316,365.85 $2,542,320.81 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 10:30 a.m.). Thomas F. Fedder, City Clerk