Board of Public Works & Safety

REGULAR MEETING – November 2, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, November 2, 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 Russ Hatfield, Code Enforcement Officer Charles “Spike” Peller, City Engineer Jessica Gage, Assistant City Planner Judy Pinkston, Community Development Director Kalon Kubik, Mayor’s Assistant Liz Sonderby, Administrative Assistant Bob Zondor, Superintendent Central Maintenance Michael Kuss, General Manager M.C. Sanitary District Mike Milatovic, Plant Superintendent M.C. Sanitary District Daryl Westphal, Michigan City Fire Department Chris Furness, Michigan City Fire Department Jason Weiss, Michigan City Fire Department Anthony Stahoviak, Michigan City Fire Department Gale Neulieb, City Clerk 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 19, 2015; Special meeting of October 22, 2015; and Executive Session of November 2, 2015. Vice-President Palmer made the motion to approve all 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. UPDATE ON LAKE HENRY Michael Kuss, Michigan City Sanitary District presented an update on the Lake Henry Limnology Study. Mr. Bright of Commonwealth Biomonitoring, Inc studied the lake and determined that it is a natural lake formed during the glacier times. Mr. Kuss went on to explain Lake Henry’s condition and how it is moving from a status of a lake to a wetland if something is not done. There was not a wide variety of fish found, but a pretty good number Regular Meeting – November 2, 2015 Page 2 of fish found in the lake. The lake only has a maximum depth of 4 feet right now. Recommendations at this time are: The lake is to shallow for fishing and swimming at the present time. There is a thick muck bottom and could cause trouble for anyone who walks into the lake. A sampling program was done, there was some E.coli that was noted. A dredging program should be considered to deepen the lake. At least 3 feet of sediment should be removed through the lake. Property owners to avoid excessive lawn fertilizing or dumping of any debris into the lake. Mr. Kuss stated the first step is to develop a plan, the feasibility of doing this and how it would be done. A cost could be determined for developing a plan, then for actually doing the work. REQUEST FOR A FOUR WAY STOP SIGN AT CHESTNUT AND PARK STREETS Council Woman Pat Boy requested this but was not able to attend the meeting, MCPD Traffic was not able to attend the meeting as well. Spike Peller the City Engineer addressed the board stating he did look at the situation and would like to start with putting a stop sign on Park Street. Vice-President Palmer stated he did talk to Captain Jesse about this. Vice-President Palmer made a motion to accept the Engineer’s request and place a stop sign on Park Street at Chestnut Street. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. REQUEST TO EXTEND DEADLINE FOR PHYSICAL FITNESS TESTING FOR ROBERT SCHAFFER President Janus asked if Mr. Schaffer was still off and what was the desire of the board? Vice-President Palmer asked what the recommendation was from counsel and Ms. Lapaich stated she believed a similar accommodation was made before. Ms. Lapaich would recommend approval of this request. Vice-President Palmer made a motion to grant the request from Driver/Operator Robert Schaffer to perform his physical fitness testing at a later date due to his injury. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. AWARDING OF BIDS Russ Hatfield the City Code Enforcement Officer stated there were several bids to award. 710 E. Barker Ave Russ Hatfield stated the bids have been tabulated and reviewed with the recommendation to award the bid to Chem Check Inc. in the amount of $46,000.00 who was the lowest most responsive bidder on this project. Regular Meeting – November 2, 2015 Page 3 Vice-President Palmer made a motion to award the bid to Chem Check Inc. in the amount of $46,000.00 for the demolition of 710 E. Barker Ave. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 301 Dewey Street Russ Hatfield stated the bids have been tabulated and reviewed with the recommendation to award the bid to Actin Contracting, LLC in the amount of $19,800.00 the lowest most responsive bidder. Virginia Keating made a motion to award the bid to Actin Contracting, LLC, in the amount of $19,800.00 for 301 Dewey Street. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 522 Pleasant Ave Russ Hatfield stated this one is still being tabulated and reviewed. Mr. Hatfield is requesting this one be held over until the next meeting on November 16, 2015. Vice-President Palmer made a motion to table till the next meeting on November 16, 2015. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 414 E. 9th Street Russ Hatfield stated the bids have been tabulated and reviewed with the recommendation to award the bid to Caretaker Landscaping and Lawn LLC in the amount of $9,400.00, the lowest most responsive bidder. Vice-President Palmer made the motion to award the bid to Caretaker Landscaping and Lawn LLC in the amount of $9,400.00 for 414 E. 9th Street. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 501 Hoyt Street Russ Hatfield stated this one is still being tabulated and reviewed. Mr. Hatfield is requesting this one be held over until the next meeting on November 16, 2015. Virginia Keating made a motion to table till the next meeting on November 16, 2015. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 701 Union Street Russ Hatfield stated the bids have been tabulated and reviewed with recommendation to award the bid to Caretaker Landscaping and Lawn LLC in the amount of $9,600.00, the lowest most responsive bidder. Regular Meeting – November 2, 2015 Page 4 Vice-President Palmer made the motion to award the bid to Caretaker Landscaping and Lawn LLC in the amount of $9,600.00 for 701 Union Street. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 228 W. Coolspring Ave Russ Hatfield stated this is still being tabulated and reviewed. Mr. Hatfield is requesting this one be held over until the next meeting on November 16, 2015. Virginia Keating made a motion to table till the next meeting on November 16, 2015. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). AYES: None (0). Motion Carries. UPDATE – BEAUTIFICATION PROJECT ALONG EAST 11ST STREET Jessica Gage the Assistant City Planner addressed the board. Pine and Washington Street are now open. Wabash Street will open this week. Franklin Street will close today, November 2, and reopen on November 13. Discussion ensued between Jessica Gage, the board and Duane Parry about Wabash Street opening up to traffic. Mr. Parry stated he did not believe Wabash Street would be opened as planned. The concrete has not been poured, the forms are only in place, and there is a lot of work yet to do. Mr. Parry brought up the intersection of Pine St. and 11th. He understands that NICTD will replace the rails and ties next year. There is now an intersection that is completely done, when they do their work, they will tear it up. Who will pay to replace the work the city has already done? Spike Peller stated what will be tore out will be 4 feet from the edge of the rail and will not affect the work that has been done by the city. UPDATE – TWO WAY STREET CONVERSION PROJECT Brad Minnick with Primer Engineers stated the last update he received from the contractor, Reith Riley was they were going to set signs and begin work on the intersection at 2nd and Franklin St. There has been a progress meeting set for Wednesday, November 4, 2015 at 10:00 am at the Lubeznik Art Center for anyone who might be interested in attending. The schedule that was emailed after the last meeting has been pushed back and will start today, November 2, 2015. The intersection itself should take approximately two to three weeks. The conversion will be discussed at the meeting on Wednesday, the board stated it would be their preference to move the conversion to the spring. Mr. Minnick indicated they intend to have progress meetings weekly until the winter weather sets in at which time they will go to a bi-weekly meeting. Mr. Minnick indicated he will be back at the next Board of Works meeting on November 16, 2015 to give an update on the project. Vice-President Palmer asked that Mr. Minnick email the Clerk’s office the results from the meeting on Wednesday the 4th since none of the board would be able to attend. 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 Regular Meeting – November 2, 2015 Page 5 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 9 10/30/2015 $605,701.52 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 10/29/2015 $95,984.99 1 of 1 10/27/2015 $1,182.05 1 of 1 11/04/2015 $5,971.81 UNFINISHED BUSINESS – Pending Items Pending Item – 111 Franklin St. Russ Hatfield the Code Enforcement Officer stated that there has been no correspondence with the owner but they have pulled the proper permits needed to work on the property. They have been actively working for the last several weeks. Mr. Hatfield and Ms. Lapaich have met and are researching other legal avenues to take should this project become a dormant project again. November 13th was the date the exterior was to be completed. A lot of the decking is done, a lot of the railing is up, and it is an active project. The Modified Order to Repair letter was never sent to the owner given they have pulled the permits and are actively on this project. There is not a statue ordinance or any type of rule regulation that could be cited. Pending Item – Fire Training Center Paving Lot Spike Peller the City Engineer stated the property has been transferred to the City. Pending Item – Stop sign on Short St. @ intersection with Butler St. Spike Peller the City Engineer recommends a stop sign on Short Street. The city should also look at Dewey St., Dickson St., and Jackson St. There is a grant to look at all the City’s signals and signs to make sure they are compliant. Mr. Peller will be meeting with Central Services and Consultant, Global Engineering, to work on the process to implement the grant money. The city is not replacing the post, if that is done then there are studies that have to be done and it will cost money. Duane Parry, 2206 Maple St., wanted to clarify at the intersection of Short St. and Butler St., the yield sign on Short Street will be changed to a stop sign, there will be no stopping of traffic on Butler Street. Regular Meeting – November 2, 2015 Page 6 Vice-President Palmer made a motion to approve the recommendation of the engineer to change the yield sign on Short Street to stop signs. 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 – 915 Green Street Russ Hatfield the Code Enforcement Officer stated he would like to keep this on hold. Pending Items – Sinking/receding Property at Franklin St. and 7th Street Russ Hatfield the Code Enforcement Officer would like to see if the Redevelopment Commission is going to pursue anything with this property. Pending Items – 1120 Elston Street Russ Hatfield the Code Enforcement Officer stated he would like to keep this on hold. Pending Items – 1125 E. 8th Street Russ Hatfield the Code Enforcement Officer stated due to the county tax sale, this could take up to 45 days to list any possible parties of interest. He would like to wait until this time and do a new title search. Pending Items – 228 W. Coolspring Ave Russ Hatfield the Code Enforcement Officer stated the awarding of this bid was put on hold until November 16, 2015. Pending Items – 710 E. Barker Ave. Russ Hatfield the Code Enforcement Officer stated the bid was awarded and can be removed from the Pending List. Pending Items – 414 E. 9th Street Russ Hatfield the Code Enforcement Officer stated the bid was awarded and can be removed from the Pending List. Pending Items – 701 Union Street Russ Hatfield the Code Enforcement Officer stated the bid was awarded and can be removed from the Pending List. Pending Items – 501 Hoyt Street Russ Hatfield the Code Enforcement Officer stated the awarding of this bid was put on hold until November 16, 2015. Pending Items – 522 Pleasant Ave Regular Meeting – November 2, 2015 Page 7 Russ Hatfield the Code Enforcement Officer stated the awarding of this bid was put on hold until November 16, 2015. Pending Items – 301 Dewey St. Russ Hatfield the Code Enforcement Officer stated the bid was awarded and can be removed from the Pending List. Vice-President Palmer asked Mr. Hatfield why is 915 Green Street still being put on hold. Mr. Hatfield stated there were others in the area that are more of a safety concern and have more structural issues then this one. It would be something down the line to deal with but not right now. Vice-President Palmer made a motion to remove 915 Green Street from the Pending List. 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 – Memorandum for Special Summer Events Corporate Counsel Amber Lapaich stated she has spent some time researching this and believes what needs to be done is if the city wants to develop such a policy, it needs to come in the form of an ordinance. At this time, Ms. Lapaich ask that it be removed from the Pending List so she can explore if an ordinance should be created. Vice-President Palmer made a motion to remove the Memorandum for Special Summer Events from the Pending List. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. NEW BUSINESS Corporate Counsel Amber Lapaich stated she provided the board with some information that was received on the new fire truck. Chief Novak could not be present today but Daryl Westphal was present to speak on the department’s behalf. There were a couple of small change orders to the contract that need to be approved. Daryl Westphal the Assistant Chief of M.C.F.D. explained the change orders and cost associated with this. Also mentioned was that there was enough money appropriated to begin with to cover the change orders. Duane Parry 2206 Maple Street stated he would like to enlighten the board and public. Last week there was a conference call between Council Members Boy, Przybylinski, Schwanke and himself to the manufacturer of the fire truck. Mr. Parry addressed his concerns about the delivery date, touring of the fire truck, Change Orders and cost. Corporate Counsel Amber Lapaich addressed the board, one issue brought up was the vehicle needed to stay within the Great Lakes region. After reviewing the contracts, Ms. Lapaich stated there was nothing present that indicated it had to stay within the Midwest Region. As to the delivery date, the contract that was signed by Mr. Janus indicated that it was an estimated delivery date. There was never a “deliver by” date in the contract. Ms. Lapaich asks the board to approve the change orders, it is her understanding the city has a truck, it has been reviewed by the fire department, and the truck is ready and is to be Regular Meeting – November 2, 2015 Page 8 delivered this week. There is a total of four change orders. Two of the change orders reflect no change in price. Change Order #2 reflects an additional $962.00 and Change Order #3 reflects an additional of $1,831.00. Vice-President Palmer made a motion to approve Change Order #1, 2, 3 & 4 as presented. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating. NAYS: None (0). Motion Carries. PUBLIC COMMENTS Vender License Ron Landtroop 122 Park St. stated last week he turned in an application for a permit to operate a concession stand at Lighthouse Mall, but unfortunately the deadline for that to appear on the agenda had already past. Corporate Counsel Amber Lapaich stated she has looked at this and believe the consent from the Lighthouse Mall is missing. Vice-President Palmer made a motion contingent that the Planning Department gives their approval and all documents are submitted that are missing, that the board allow this to take place. The motion was seconded by Virginia Keating and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 11th Street update Shem Khalil with Global Engineering stated he was present to answer any questions about the 11th Street update. President Janus stated the only question the board had was when will Wabash Street be open. Mr. Khalil stated based on the schedule received from Reith Riley, it will be open by the end of this week. Franklin Street started November 2 and will be done by November 13. Vice-President Palmer asked if the radio and newspaper had been notified, stating traffic was horrible that morning. BOARD COMMENTS President Janus asked if there were any Board comments. Vice-President Palmer wanted to wish Corporate Counsel Amber Lapaich a Happy Birthday. Corporate Counsel Amber Lapaich stated she would refer to this person as employee A that needs a 90 extension for leave until November 30, 2015. The board did meet in an Executive Session this morning to discuss this. Virginia Keating made a motion to extend employee A’s leave till November 30, 2015. The motion was seconded by Vice-President Palmer and carries as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 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 9:49 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. Regular Meeting – November 2, 2015 Page 9 _________________________________________ Gale A. Neulieb, City Clerk