Board of Public Works & Safety

REGULAR MEETING – November 21, 2016 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, November 7, 2016 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, City Attorney Russ Hatfield, Code Enforcement Officer Charles “Spike” Peller, City Engineer Sue Downs, Code Enforcement Officer Kalon Kubik, Administrator Craig Phillips, City Planner Skylar York, Assistant City Planner Asst. Chief Tim Richardson, M.C.P.D. Gale Neulieb, City Clerk Jennifer Clouse, City Clerk Secretary APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of November 7, 2016; the Executive session of November 7, 2016; and the Special meeting of November 10, 2016. Vice-President Palmer made the motion to approve all the meeting 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. OPENING OF BIDS – 1125 W. 8th Street President Janus asked if anyone present wished to submit a bid at this time, there was no response. Vice-President Palmer made a motion to close the acceptance of bids for the demolition of 1125 W. 8th Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board stating there were two (2) bids received and they were as follows: Caretaker Landscaping & Lawn $11,825.00 Total Bid JSG J. Shoffner General Contractor, Inc. $22,900.00 Total Bid Regular Meeting – November 21, 2016 Page 2 Vice-President Palmer made the motion to refer the bids for 1125 W. 8th Street to the Code Enforcement Officer, City Attorney, and City Engineer for their review and report back at the December 6, 2016 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – 407 Vail Street President Janus asked if anyone present wished to submit a bid at this time, there was no response. Vice-President Palmer made the motion to close the acceptance of bids for the demolition of 407 Vail Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board stating there were two (2) bids received and they were as follows: Caretaker Landscaping & Lawn $12,975.00 Total Bid JSG J. Shoffner General Contractor, Inc. $19,980.00 Total Bid Vice-President Palmer made the motion to refer the bids for 407 Vail Street to the City Engineer, Code Enforcement Officer, and City Attorney for their review and report back at the December 6, 2016 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. ORDER TO DEMOLISH – 1123 W. 8TH Street – JIM Reality LLC, Joseph Nelson Vice-President Palmer made the motion to remove the Order to Demolish of 1123 W. 8th Street off the TABLE. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Russ Hatfield, Code Enforcement Officer addressed the Board stating Mr. Nelson did speak with him about the requirements to rehabilitate the structure; there has been no further contact with Mr. Nelson since then; Mr. Hatfield has not received the Board requirements from the October 17, 2016 Special Meeting; asking the Board to allow Mr. Hatfield to issue notice to bidders. Virginia Keating made the motion to allow Code Enforcement the authority to issue notice to bidders. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich clarified the Board was affirming Code Enforcements order for demolition; Vice-President Palmer added this was correct due to no contact from Mr. Nelson. ORDER TO DEMOLISH – 508 Holliday Street, 201 Vail Street & 207 Vail Street (3 structures on 1 parcel) – Richard Charles Shelton, Ashy Mohammed Vice-President Palmer made the motion to remove the Order to Demolish of 508 Holliday Street, 201 Vail Street & 207 Vail Street (3 structures on 1 parcel) off the TABLE. The Regular Meeting – November 21, 2016 Page 3 motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Russ Hatfield, Code Enforcement Officer addressed the Board stating Mr. Ashy received permits for electric at the 508 Holliday Street, this would be so he could run his equipment to start making the roof repairs; roofing permits were received; Mr. Ashy also provided Mr. Hatfield financial statements showing he does have the financial ability to complete the work needed before winter; Mr. Hatfield asked that this be reviewed again at the first meeting in January, 2017. Discussion ensued between Vice-President Palmer and Mr. Hatfield regarding how long permits were good for, and if Mr. Ashy has been working on the property or if Mr. Hatfield should go ahead with demolition. Vice-President Palmer made the motion to defer the Order to Demolish of 508 Holliday Street, 201 Vail Street & 207 Vail Street until the first meeting in January, 2017 for further review. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Russ Hatfield, Code Enforcement Officer did state that Mr. Ashy mentioned to him that he more than likely will demolish the structure at 207 Vail Street. Corporate Counsel Amber Lapaich clarified that all three (3) structures on one (1) parcel will be continued until January, 2017. M.C.F.D. LOCAL 475 – Michael Neulieb, President Firefighters Local 475 is requesting to hold a Special Election – close nominations and set date for special election President Janus asked if anyone present wished to submit a nominee’s name at this time, there was no response. President Janus read the three nominees and they were as follows: David Nespo has nominated Johnny Stimley Jr. Mike Neulieb has nominated Geoff Plummer Tony Drzewiecki has nominated Edward Zaknoun Vice-President Palmer made the motion to close the acceptance of nominations for the Fire Merit Commissioner. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Vice-President Palmer made the motion to set December 2, 2016 as the date for the firefighters to vote for their appointee to the Fire Merit Commission. 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 SIDEWALK – Joleen Jackson, 318 Jefferson Street is requesting the installation of a sidewalk between Glen Arbor Apartments and Barker Middle School on the south side of the street. The following request was received in the City Clerk’s Office on November 14, 2016 by Joleen Jackson: Regular Meeting – November 21, 2016 Page 4 Sidewalk between Glen Arbor Apartments and Barker Middle School is needed on (south side) for the safety of the school children. Jerry Jackson, 318 Jefferson Street addressed the Board explaining his safety concerns for the children leaving Barker Middle School; asking for the approval of installation of the sidewalk. Charles “Spike” Peller, City Engineer addressed the Board explaining his concern being would the children use the sidewalk or still walk through the woods; Mr. Peller would like to look at the possibility of placing a sidewalk through the woods; Mr. Peller further explained that the sidewalk cannot be installed this year because the paving and sidewalks program is done for the year, but would like to pursue the sidewalk through the woods option. Corporate Counsel Amber Lapaich and Vice-President Palmer stated that due to liability issues, their preference is placing the sidewalk on the street. Vice-President Palmer made the motion to install a sidewalk on Barker Road between Glen Arbor Apartments and Barker Middle School on the south side of the street with the 2017 Paving Streets and Sidewalks Program. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. PLACEMENT OF SANTA CLAUS HOUSE – Mike Dempsey, President Michigan City Live Productions Inc., is requesting to place the Santa Claus House at 7th and Franklin Streets beginning December 1, 2016. The following request was received in the City Clerk’s Office on November 15, 2016 by Mike Dempsey: Permission to place Santa Claus House on the corner of 7 th and Franklin Streets through the end of the year. Mike Dempsey, Michigan City Live Productions addressed the Board explaining this was the same request as last year for placement of the Santa House at the corner of 7th and Franklin Streets; asking for approval. Virginia Keating made the motion to approve the request for the placement of the Santa Claus House on 7th and Franklin Streets beginning December 1, 2016 thru the end of the year. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Fire Chief Randy Novak is requesting the closure of Franklin Street from 10th Street to 4th Street beginning at 2:45pm for the Annual Snow Flake Parade on December 3, 2016 The following request was received in the City Clerk’s Office on November 16, 2016 by Fire Chief Randy Novak: We are having the annual Michigan City Fire Department Snow Flake Parade on December 3, 2016. The parade starts at 3:00pm so we are requesting Franklin Street from 10 th Street to 4th Street be closed at 2:45pm (15 minutes prior to parade starting). We will give notice to all the business in the area and work the Main Street Association. Regular Meeting – November 21, 2016 Page 5 Assistant Chief Tim Richardson addressed the Board stating the Police Department will have staff available; this is an annual event; asking for approval. Discussion ensued between Vice-President Palmer and Corporate Counsel Amber Lapaich regarding the insurance which is under the city’s liability umbrella. Vice-President Palmer made the motion to approve the request by Fire Chief Randy Novak to host the Annual Snow Flake Parade on December 3, 2016 at 3:00 pm with the streets closing at 2:45 pm from 10th Street to 4th Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. DONATION OF EXERCISE EQUIPMENT – Fire Chief Randy Novak is requesting to donate old exercise equipment to the Firefighter Union Local 475 The following correspondence was received in the City Clerk’s Office on November 16, 2016 by Fire Chief Randy Novak: About 20 plus years ago several exercise machines were purchased by Michigan City Firefighter Local #475. To be able to put the equipment in the stations the Union had to donate the exercise equipment to the department. This equipment is still in use at some of our fire stations. The exercise machine at Station 1 has been replaced with a used exercise machine donated to us by the Michigan City Police Department. I am asking permission to give the exercise machine to the Firefighter Union so they can remove it from the station. Corporate Counsel Amber Lapaich addressed the Board explaining the Union gave the Fire Department some exercise equipment several years ago with the understanding that if the equipment was no longer needed, it would go back to the union, asking for approval. Vice-President Palmer made the motion to return the exercise equipment at Station 1 back to the Local Firefighter Union. 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 PLACEMENT OF SAFETY DEVICES – License Agreement/Memorandum of Understanding between the City of Michigan City and the Michigan City Port Authority for placement of safety devices along Trail Creek Corporate Counsel Amber Lapaich addressed the Board explaining Arcelor Mittal donated money to purchase safety devices and install them on the peer; this agreement would finalize the installment of these devices along property owned by the Port Authority; asking for approval of the agreement. Virginia Keating made the motion to approve the request for the placement of safety devices that being a License Agreement/Memorandum of Understanding between the City of Michigan City and the Michigan City Port Authority along Trail Creek. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. AGREEMENT – Agreement between the City of Michigan City and American StructurePoint, Inc. for the City Hall Feasibility Study Corporate Counsel Amber Lapaich addressed the Board stating Mayor Ron Meer and the Controller Rich Murphy asked for a Feasibility Study of City Hall; the study is to determine Regular Meeting – November 21, 2016 Page 6 how much space City Hall needs, what do we have now, what do we still need, how can we grow, and do we need to grow; asking for approval. Councilman Don Przybylinski, 215 Gardena Street addressed the Board asking if the Feasibility Study needed to go out for bids or can it be awarded to one company. Corporate Counsel Amber Lapaich explained it is a service contract so they are able to award a service contract without going out for bids. Craig Phillips, City Planner addressed the Board explaining in talking with developers, there is some potential interest in a larger site; further explaining that in the event the right project comes along the City would have this information, there is nothing pending right now. Virginia Keating made the motion to approve the agreement between the City of Michigan City and American StructurePoint, Inc for a City Hall Feasibility Study the sum to be $38,900.00; the study to commence upon acceptance and to last eight (8) to ten (10) weeks. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. MASTER SERVICES AGREEMENT – Master Services Agreement between CivicPlus, Inc. d/b/a CivicPlus and the City of Michigan City for servies and/or license for use of proprietary software ~ Exhibit A.1 – CivicPlus Statement of Work #1 Craig Phillips, City Planner addressed the Board stating the City Controller, IT Director and himself have been working to identify a new option for the development of a city website; expressing his concerns and views regarding the current site; further explaining La Porte, Valparaiso, Chesterton and Portage are all going to this kind of website; explaining what the webpage would look like; asking for approval. Discussion ensued between Vice-President Palmer and Mr. Phillips regarding cost and what is included; as well as who would be making the changes to the website. Further discussion ensued between Vice-President Palmer, Mr. Phillips and Corporate Counsel Amber Lapaich regarding the billing, asking that the CivicPlus amend the contract and bill for services rendered in February then bill for the remainder when completed; stating that State Board of Accounts does not allow for prepaid services. Corporate Counsel Amber Lapaich addressed the Boards and her concerns regarding not paying the contract in full in February and why they would like to amend the contract. Vice-President Palmer made a motion to TABLE the Master Service Agreement; needed to see if they will accept 2 payments instead of a full payment prior to job being completed; and will call a Special Meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (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 Regular Meeting – November 21, 2016 Page 7 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 4 11/21/2016 $728,604.54 1 of 1 11/23/2016 $21,912.31 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 8 11/10/2016 $436,099.96 UNFINISHED BUSINESS Stop Sign at “E” Street and Union Street Charles “Spike” Peller, City Engineer addressed the Board asking what M.C.P.D. Traffic’s recommendation was. Assistant Chief Tim Richardson addressed the Board stating the Traffic Division did look through the records and there has been one (1) accident there in the past five (5) year’s, adding a stop sign would have not changed the outcome; stating Traffic did not feel it was a necessity. Councilman Bryant Dabney addressed the Board stating while he was at this intersection for about an hour, adding there is nothing to slow the traffic but the turn; with children playing and at the rate of speed witnessed there were safety concerns. Assistant Chief Tim Richardson added that M.C.P.D. Traffic studied this intersection for accidents, not for speeding issues; adding a stop sign would not hurt. Virginia Keating made the motion to install a stop sign at the intersection of “E” Street and Union Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 2 mid-block street lights on Larkspur Lane Charles “Spike” Peller, City Engineer addressed the Board reminding everyone the Board approved the street light at the intersection of Larkspur Lane and South Court; explaining unless there is concerns from M.C.P.D. Mr. Peller does not recommend mid-block street lights. Assistant Chief Tim Richardson addressed the Board stating there was a recommendation from Shift 3, some light could be used in this area. Regular Meeting – November 21, 2016 Page 8 Mary McElree, 118 Larkspur Lane addressed the Board stating Nipsco was not out to clean the lenses for a brighter light; 1) at 111 Larkspur Lane asking for a street light; 2) at 118 Larkspur Lane asking for the lenses to be cleaned and possibly brighter light installed; 3) asking “No Semi Truck” Signage just east of 111 Larkspur Lane but just west of the drive that goes to the old Office Max further explaining how the semi-trucks are cutting through the neighborhood; 4) “No Swimming” around Lake Henry sign; 5) asking for speed limit signs along Larkspur Lane and Village Road; 6) also asking for dead tree limbs to be removed at 115 and 118 Larkspur Lane that are pushing against the Nipsco wires; 7) lastly asking for an officer to sit and monitor the speed on Larkspur Lane. Vice-President Palmer stated in reference to the midnight shift recommendation, they referenced the street light in front of 118 Larkspur Lane stating it looked like the lense needed to be cleaned as it appears to be dimmer then other street lights in the area. Councilman Don Przybylinski stated he did not agree with the M.C.P.D. recommendation about the street lights, he feels there should be another light added, asking the street light set up be the same on Larkspur Lane as it is on Village Road; asking for approval of speed limit signs; asking for the approval of “No Semi Truck” signage on Larkspur Lane mostly because if there is parking on both sides of the street, a semi will not fit. Charles “Spike” Peller, City Engineer explained to the Board his rules for placement of street lights; adding if residents are concerned Nipsco can be contacted and Dust to Dawn lights can be installed. Vice-President Palmer added that the brush issue with the wires, Nipsco will trim the brush away from their lines, but it may be the property owner’s responsibility to remove the tree depending on the location of the tree on the property. Charles “Spike” Peller, City Engineer recommends the “No Semi Truck” signage on Larkspur Lane at Hwy. 421, but on Village Road is not necessary. Craig Phillips, City Planner addressed the Board stating Larkspur Lane and Village Road might be classified on the Functional Classification System for NIRPC and possibly INDOT, and they need to make sure there are no restrictions before the signage is approved. Councilman Don Przybylinski addressed his concerns about the “No Semi Truck” signage; adding they are asking for them to be posted 100’-120’ away from the intersection. Charles “Spike” Peller, City Engineer explained what he believes this could mean without the City looking into it, is the loss of funding for any work that could be done on that road because of the placement of the signage. Discussion ensued between Craig Phillips and Vice-President Palmer regarding NIRPC and funding for Larkspur Lane. Vice-President Palmer made the motion to TABLE this request which includes the one (1) mid-block street light at 111 Larkspur Lane, Speed Limit Signage, and No Semi Truck Signage until the December 5, 2016 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – November 21, 2016 Page 9 No Swimming Signage at Lake Henry Charles “Spike” Peller, City Engineer addressed the Board that Lake Henry is owned by the City of Michigan City; referred to City Attorney to confirm. Street Light at 319 Hoyt Street Charles “Spike” Peller, City Engineer addressed the Board explaining there is a light at the southwest corner of Hoyt and Russell Streets and does not recommend additional installation. Vice-President Palmer made a motion based on the City Engineer’s recommendation that the City does not put a street light at 319 Hoyt Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. PUBLIC COMMENT President Janus asked if anyone from the public wished to speak at this time. Craig Phillips, City Planner addressed the Board that certain bodies be notified when there is an intent to develop an acquisition list, notifying the Board. BOARD COMMENTS President Janus asked if there were any Board comments at this time. Vice-President Palmer asked Russ Hatfield where he stood on the other properties on the demolition list. Russ Hatfield, Code Enforcement Officer addressed the Board stating he was waiting on title work on three (3) of the properties which he believes are in the TIF district; getting ready to order more title work on two (2) more in the TIF district and one (1) that is out; the issue is Mr. Hatfield cannot order the title work and hold it for too long without the information being outdated. Discussion ensued between Vice-President Palmer and Russ Hatfield regarding the funds from this year’s budget for demolitions that have not been used be held over till next year; Mr. Hatfield stated he was going to talk with Redevelopment to see if that was a possibility. Vice-President Palmer asked Mr. Hatfield to look at 1001 E. Michigan Blvd. property. 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 10:25 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 21, 2016 Page 10 _________________________________________ Gale A. Neulieb, City Clerk