Board of Public Works & Safety

REGULAR MEETING – October 19, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, October 19, 2015 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 President Steve Janus, who presided. Noted present: Steve Janus, Michael Palmer and Virginia Keating (3). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Terry Borolov, Code Enforcement Officer Charles “Spike” Peller, City Engineer Capt. Steve Jesse, M.C.P.D. Traffic Division Craig Phillips, City Planner Jessica Gage, Assistant City Planner Judy Pinkston, Community Development Director Liz Sonderby, Administrative Assistant Bob Zondor, Superintendent Central Maintenance Arber Himaj, Engineer, M.C. Sanitary District Melissa Mullins-Mischke, I.T. Department Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of October 5, 2015. Vice-President Palmer made the motion to approve the minutes as presented. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST FOR STREET CLOSURE BY MICHIGAN CITY MAIN STREET ASSOCIATION This is for the Thriller Dance/Bed Race to be held on Saturday, October 24, 2015 on Franklin Street from 5th Street to 4th Street. Capt. Steve Jesse with MCPD Traffic Division stated as far as closure of the streets, they would have no problem. Vice-President Palmer made a motion to allow Main Street Association to close Franklin St from 5th to 4th on Saturday, October 24, 2015 from 6-7 pm. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – October 19, 2015 Page 2 REQUEST FOR STREET CLOSURE FOR SNOW FLAKE PARADE ON DECEMBER 5 Capt. Steve Jesse stated he would like to make one or two minor adjustments, maybe make the street closing up to 11th Street, 10th Street is where the units will be setting up. This will also be roughly from 2-4 pm. Vice-President Palmer made a motion to approve the request to close 11th Street to 4th Street on December 5, 2015 from 2-4 pm. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. SERVICE AGREEMENT BETWEEN MDX MEDICAL INC. AND CITY OF MICHIGAN CITY Corporate Counsel Amber Lapaich stated that Shelley Dunleavy in the Personnel Department was involved with this. Ms. Dunleavy wants the City to consider basically a cost shopping initiative for certain types of health services. Vitals would be the secondary person between the City and the employees to try to negotiate maybe lower rates on certain types of procedures. This agreement would be in effect for one year and Ms. Dunleavy believes it is something the City should try to do this year if they can explore any cost saving measures. President Janus stated he has been in on the meetings and it basically is the employees will be given a schedule of different facilities for a certain procedure and what their cost are. Then the employee can pick and choose. If they save money for the City then they get reimbursed. The cost for the City is $0.85 per member per month. Virginia Keating made a motion to approve the Vitals SmartShopper Services Agreement. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. CHANGE ORDER #1 VILLAGE GREEN REHABILITATION Spike Peller the Michigan City Engineer, believes the board has the AIA document. Change Order #1 states the contractor will provide and install new inlet structure casting and ADA sidewalk at approximate station 4+50.00 on the left at Hampden Rd. The contractor will be paid $7,350.00 for the work associated with the storm structure replacement and $2,250.00 for the work associated with curb and sidewalk ADA replacement. There is no change in price to the contract, this will be paid out of the allowance budget. Vice-President Palmer made a motion to approve Change Order #1 on Village Green Rehabilitation Project. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). CHANGE ORDER #2 VILLAGE GREEN REHABILITATION Spike Peller the Michigan City Engineer stated the contractor will provide and install a 48” manhole at the southern end of Hampden Rd. to replace existing pipe stubbing up for cleanout/termination. Tie into existing 8” line at the bottom of the manhole. The contractor will provide manhole castings with lid to read “SANITARY” and install. The contract will be paid $7,100.00 for this work through Alternate C Pay Item and Allowances but if dewatering is required they will be compensated an additional $4,415.00 to be paid through the same allowance. Regular Meeting – October 19, 2015 Page 3 Virginia Keating made a motion to approve Change Order #2 on Village Green Rehabilitation Project. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion carries. President Janus then asked how construction was going and Mr. Peller responded that the work is just about done. NIPSCO is there lowering their gas mains and by Friday, Reith- Riley should have the paving done. Phase I will be completed this year. MEMORANDUM OF UNDERSTANDING BETWEEN M.C. BOARD OF WORKS AND WASTE INC. LANDFILL SITE/ TRAIL CREEK PROJECT Corporate Counsel Amber Lapaich stated earlier this year this board approved a similar Memorandum of Understanding, It was submitted to the other party for signature at which time the City was advised that someone had sent the City the wrong draft. They have presented the City with the correct draft and the only changes to it was in a section where it talked about a fence and the other change was the City keep things confidential. This was shared with Mr. Phillips and he is in agreement as well. So Ms. Lapaich is asking the board to approve the correct version of the Memorandum of Understanding so the City could have a final signed copy. Virginia Keating made a motion to approve the Memorandum of Understanding between Waste Inc. Landfill Site/Trail Creek Project and the City of Michigan City. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion carries. CLAIMS AND PAYROLL Vice-President Palmer 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 Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. 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 7 10/16/2015 $378,422.76 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 3 10/16/2015 $306,313.15 1 of 1 10/21/2015 $43,504.76 Regular Meeting – October 19, 2015 Page 4 UNFINISHED BUSINESS – Pending Items Pending Item – Memorandum for Special Summer Events (5k Runs/Walks) Corporate Counsel Amber Lapaich stated she is still working on this. Ms. Lapaich would like to have more discussions with the Mayor and with the Chief of Police to get some feedback. Pending Item – 111 Franklin St. Craig Phillips addressed the board that he understands Russ Hatfield sent a Modified Order to Repair to Attorney Lapaich for her review. The Planning Department has heard nothing from the owner or anyone associated with the project. Mr. Phillips has reason to believe this will not be completed by the date they have set previously. At this point the Planning Department is focused on the exterior of the building. There has also been no word if the property owner can use the property adjacent as intendent for purpose of parking. There has been no permit revision made or a new permit for any site improvements. Pending Item – Sinking/Receding Property northwest corner of 7th and Franklin Craig Phillips the City Planner stated the Redevelopment Commission had reached out to the property owner. They wanted to see if they could maybe work together to come up with a solution for what to do about that property issue. There has been no success to that effect. Mr. Phillips stated they will proceed with enforcement action against that property. Planning Department will proceed with Orders for Repair at this point. Pending Item – Fire Training Center Paving Lot Spike Peller the City Engineer stated that the Sanitary District is working on recording the transfer. Pending Item – Stop sign on Short St. @ intersection with Butler St. Discussion ensued between the board, Spike Peller, Craig Phillips, Capt. Steve Jesse and Duane Parry. Points that were brought up were if the yield sign is changed, other streets were going to have to be changed as well. Mr. Peller has contacted INDOT with some questions about these intersections. As of the meeting, they have not responded, so Mr. Peller would like to put this on hold until they do respond. There was some comments made that a warrant study would be needed but those are costly. Mr. Parry pointed out what he believes is the reason stop signs control speed and gave an example of stop signs being at every corner along Franklin Street north of 8th Street. Mr. Phillips stated he would question if there is something located at the corner Michigan Blvd and Butler St. or somewhere else that is causing drivers to want to take this short cut? Is there a problem with the stop light at the corner of Woodland Ave and Michigan Blvd.? This will be held over until the November 2, 2015. Pending Item – Stop sign at Chestnut St. and Hoyt St. Discussion ensued between the board, Spike Peller, Craig Phillips, Capt. Steve Jesse and Duane Parry. It was pointed out that this is a secondary collector type of situation. People are leaving this neighborhood to the south and using Hoyt St. to get to Coolspring Ave. Mr. Peller did requested that the tree in front of the stop sign that is in place on Chestnut St. be Regular Meeting – October 19, 2015 Page 5 trimmed. Mr. Phillips stated this did have an awkward traffic pattern, the street does have a jog to the left as you head southbound. Hoyt St. is wider and therefore, drivers can reach higher speeds. There are no sidewalks on Chestnut St. or Hoyt St. Capt. Jesse stated that Sgt. Havlin did a speed study at Chestnut and Hoyt St, the results were as follows: Sgt. Havlin was present on three separate days in the morning, one was Wednesday, October 7 from 7:40-8:05 am. He was in an unmarked car. He had a total of 15 cars in 25 minutes, the average speed was 23.5 mph. On Friday, October 9 from 7:00-8:10 am. He had 18 total and the average speed was 22 mph. Finally on Monday Sgt. Havlin was out there twice. From 7:15-7:45 am and 8:30-8:50 am, there was a total of 16 cars with an average speed of 24.5 mph. Vice-President Palmer made a motion to allow a 4-way stop sign be placed at the intersection of Chestnut St and Hoyt St. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Pending Item – Street Light at 2936 Cleveland Ave Spike Peller the City Engineer recommends a street light not be installed, Sgt. Havlin was out there at night and he agrees. There is probably more light in that little stretch of road then 90% of others in Michigan City. Also, Tom Przybylinski in the bi-annual street light survey to find which ones were out and which ones are working, he observed the area and also agrees that a street light is not warranted for that pole. If the owner wants more light out there, Mr. Peller would suggest the owner install a dust to dawn light. Vice-President Palmer made a motion to deny the request for a street light at 2936 Cleveland Ave based on the recommendation from the City Engineer. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Pending Items – 228 W. Coolspring Ave Terry Borolov the Code Enforcement Officer stated this would be part of the special meeting on Thursday, October 22, 2015. Pending Items – 710 E. Barker Ave. Terry Borolov the Code Enforcement Officer stated this would be part of the special meeting on Thursday, October 22, 2015. Pending Items – 414 E. 9th Street Terry Borolov the Code Enforcement Officer stated this would be part of the special meeting on Thursday, October 22, 2015. Pending Items – 701 Union Street Terry Borolov the Code Enforcement Officer stated this would be part of the special meeting on Thursday, October 22, 2015. Pending Items – 501 Hoyt Street Regular Meeting – October 19, 2015 Page 6 Terry Borolov the Code Enforcement Officer stated this would be part of the special meeting on Thursday, October 22, 2015. Pending Items – 522 Pleasant Ave Terry Borolov the Code Enforcement Officer stated this would be part of the special meeting on Thursday, October 22, 2015. Pending Items – 301 Dewy St. Terry Borolov the Code Enforcement Officer stated this would be part of the special meeting on Thursday, October 22, 2015. Unfinished Business Ken Purze on behalf of Maple City Ventures wanted to thank the board for allowing them to have the scaffold at 829 Franklin St. Mr. Purze would like to refresh a request that was made some months ago about access to the alley at 711 Franklin St, this is the alley between the Warren Building and the Old JC Penney’s building. Mr. Purze would like permission from the board to have Ms. Lapaich to follow up with his attorney. They are getting ready to pour concrete and have not had access in the interest of public safety in the project with the Warren Building. He has not pushed the issue for a number of months. Last week Mr. Purze talked to an electrical inspector and they are getting ready to put concrete in the alley and Mr. Purze had not had any dialogue, he would like to get his underground feed in the alley so he too can get new electric service. Corporate Counsel Amber Lapaich stated that Mr. Purze’s attorney did contact her late Friday. She did send an email to Mr. Phillips, but she has no problem looking into this. Discussion ensued between Ms. Lapaich and Mr. Purze concerning what work needed to be done on his end so it did not affect the Warren Building Project. BOARD COMMENTS President Janus asked if there were any Board comments. Vice-President Palmer stated that on behalf of the board, their prayers go out to the City Clerk, Gale Neulieb and her family for their recent loss. 11th Street Construction Update Discussion ensued between the board and Craig Phillips about the 11th Street Construction Project. Mr. Phillips stated the paving work was holding the completion of the intersections of Washington and Pine at 11th, the material has been selected and ordered. Mr. Phillips believes there needs to be updates as a policy matter. He will talk to Ms. Lapaich about this. The contractor stated the material that was originally selected was not adequate to finish the project and therefore the city would need to select another material. This would then hold up the project. It was also addressed that 11th Street at Pine and Washington Streets are expected to open around October 29. However, 11th Street at Franklin St and Wabash St are expect to be close from October 30 till November 20. Vice-President Palmer asked if maybe only Franklin Street could be close and then do Wabash St? He stated if both those intersections are closed at the same time it would mean a disaster. Mr. Phillips Regular Meeting – October 19, 2015 Page 7 suggested having the consultant come in for the special meeting on October 22 for the board to address any concerns. ADJOURNMENT President Janus inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 9:51 am). Virginia Keating made the motion to adjourn. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk