Board of Public Works & Safety

REGULAR MEETING – December 5, 2016 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, December 5, 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 Capt. Steve Jesse, M.C.P.D. Traffic Russ Hatfield, Code Enforcement Sue Downs, Code Enforcement Skylar York, Assistant City Planner Aaron Borngraber, Associate City Planner Shannon Eason, Assistant Park Superintendent Charles “Spike” Peller, City Engineer Kalon Kubik, Administrator Judy Pinkston, CDBG Director 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 November 21, 2016; and the Special meeting of November 28, 2016. 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. APPROVAL OF 2017 MEETING DATES & TIME – 2017 Board of Public Works & Safety meeting dates & time President Janus explained the Board has discussed changing the starting time of the Board of Works meeting to 8:30 am; asking if there are any issues with changing the time, it can be discussed at the December 19, 2016 meeting. Vice-President Palmer made the motion to approve the 2017 Board of Works meeting dates 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. AWARDING OF BIDS – 1125 W. 8th Street Russ Hatfield, Code Enforcement Officer addressed the Board explaining the bids that were received; further explaining that Caretaker Landscaping & Lawn was non responsive in the Regular Meeting – December 5, 2016 Page 2 bid; recommending to award the bid to J. Shoffner General Contractor in the amount of $22,900.00. Corporate Counsel Amber Lapaich addressed the Board further explaining Caretakers Landscaping & Lawn was the lowest bidder, but should be deemed non responsive because all the necessary information was not submitted; the Board has the option of awarding the bid to the next bidder or rejecting all bids; further stating the bid packets will be updated for future bids including amending the contract. Vice-President Palmer made the motion to reject all bids for the property 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. AWARDING OF BIDS – 407 Vail Street Russ Hatfield, Code Enforcement Officer addressed the Board explaining the bids that were received, further explaining that Caretakers Landscaping & Lawn was non responsive in the bid; recommending to award the bid to J. Shoffner General Contractor in the amount of $19,980.00. Corporate Counsel Amber Lapaich addressed the Board further explaining Caretakers Landscaping & Lawn was the lowest bidder, but should be deemed non responsive because all the necessary information was not submitted; the Board has the option of awarding the bid to the next bidder or rejecting all bids. Vice-President Palmer made the motion to reject all bids for the property 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 stated she would have the new bid packet ready for the Boards approval in time for the December 19, 2016 meeting. REQUEST TO PURCHASE CITY OWNED PROPERTY – Normanh & Tera Ramirez, 703 Nahas Street, are requesting to purchase city owned property in the 700 block of Nahas Street The following request was received in the City Clerk’s Office on November 30, 2016 by Normanh & Tera Ramirez: We would like to buy lot next to our property. Parcel number 46-01-22-426-003-000-002. Tera Ramirez, 703 Nahas Street addressed the Board explaining her request. Corporate Counsel Amber Lapaich stated she would like this request to be referred to the Planning Department; further explaining that back in 2010 the La Porte County Commissioners gave the City this property and Counsel Lapaich would like to know why the property was acquired. Vice-President Palmer made the motion to place the request to purchase city owned property on the Pending Items List and also to refer the request to the Planning Department and report back at the December 19, 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 – December 5, 2016 Page 3 ALCO AGREEMENT – Third Extension between the City of Michigan and Access LaPorte County (ALCO) Agreement for Government Access Channel Programming (Channel 97), Public Access Channel Programming (Channel 99) and Public Access Studio Mike Dempsey, Director of Operation for Access LaPorte County addressed the Board explaining this is to renew the contract with the City; asking for approval. Discussion ensued between President Janus and Corporate Counsel Amber Lapaich regarding funding; Counsel Lapaich explained future funding; recommending approval. Vice-President Palmer made the motion to approve the Third Extension between the City of Michigan City and Access LaPorte County Agreement for Government Access Channel Programming (Channel 97), Public Access Channel Programming (Channel 99) and Public Access Studio. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). CHANGE ORDER – Jeff Oltmanns of Global Engineering is requesting approval of Change Order #1 for Cleveland Park Jeff Oltmanns, Global Engineering addressed the Board explaining Change Order #1; further explaining this replaces the specified grill with a larger model; asking for approval. Vice-President Palmer made the motion to approve Change Order #1 for the Cleveland Park Project changing models of the grill, which will not change the total cost of the project. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. M.C.F.D. LOCAL 475 – Results of Special Election held by Firefighters Local 475 for the Democratic Merit Commissioner position President Janus read the results from the Special Election; the results were tabulated by the City Clerk Gale Neulieb and Fire Chief Randy Novak and were as follows: Ed Zaknoen – 19 received Geoff Plummer – 1 received Johnny Stimley Jr. – 12 received Corporate Counsel Amber Lapaich announced Ed Zaknoen will be the Democratic appointment representing the Firefighters for the Fire Merit Commission. CORRESPONDENCE – Correspondence received from Fire Chief Randy Novak Michigan City Fire Department on November 28, 2016 (For Informational Purposes Only) Fire Chief Randy Novak is requesting an extension for disciplinary action. Regular Meeting – December 5, 2016 Page 4 CORRESPONDENCE – Correspondence received from Fire Chief Randy Novak Michigan City Fire Department on November 28, 2016 (For Informational Purposes Only) Fire Chief Randy Novak is requesting an extension for disciplinary action. SINGING SANDS SUPPLEMENTAL CONTRACT – Supplemental Contract between Indiana Department of Transportation and the City of Michigan City for the Singing Sands Lighthouse Trail, Phase 1 Corporate Counsel Amber Lapaich addressed the Board explained the process; asking for approval. Virginia Keating made the motion to approve the Singing Sands Supplemental Contract with the original contract date being January 24, 2014. The motion was seconded by Vice- President Palmer 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 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 3 11/29/2016 $200,728.90 1 of 7 11/29/2016 $395,188.37 1 of 1 11/29/2016 $3,656.78 Allowa nce 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 12/01/2016 $137,020.54 1 of 1 12/01/2016 $70,545.05 1 of 1 12/01/2016 $8,559.94 UNFINISHED BUSINESS Demolitions Russ Hatfield, Code Enforcement addressed the Board stating Counsel Lapaich is reviewing the notices. Regular Meeting – December 5, 2016 Page 5 1 mid-block Street light at 111 Larkspur Lane, “No Swimming” Signage at Lake Henry, “No Semi Truck” Signage on Larkspur Lane and Speed Limit Signage on Larkspur Lane Charles “Spike” Peller, City Engineer addressed the Board regarding the “No Truck Traffic” signage on Larkspur Lane; Mr. Peller’s recommendation is to place two (2) “Local Delivery Only” signs and this would depend on Craig Phillips recommendation; further explaining how future funding can be affected. Skylar York, Assistant City Planner addressed the Board explaining how NIRPC is involved; deferring to Mr. Phillips. Charles “Spike” Peller, City Engineer addressed the Board regarding the light at the bend in the street on pole 249/488; it currently has a 100 watt bulb, recommending replacing that with a 150 watt bulb. Discussion ensued between Corporate Counsel Amber Lapaich and Charles “Spike” Peller regarding the “No Swimming” signage at Lake Henry recommending “No Trespassing” signage; Counsel Lapaich explained she had several conversations with Councilman Przybylinski who would prefer the signs be a “No Trespassing” sign. Charles “Spike” Peller, City Engineer addressed the Board regarding the speed limit signage requested; stating they are not effective; recommending not to place these signs as requested. Councilman Don Przybylinski 215 Gardena Street addressed the Board regarding 1) “No Semi Truck” Signage; asking that the signs be installed until Mr. Peller can do his research and see if Larkspur Lane is under NIRPC or INDOT, and that the signs can always be removed; further discussion ensued about the wording on the signage; 2) Speed Limit Signage stating signs should be posted on city streets; 3) Signage around Lake Henry stating the neighborhood did not want to keep residence away from the lake, just wanted to keep residence/people from swimming in the lake; 4) Street Lights on Larkspur Lane - compared the distance of the street light poles on Gardena Street to the distance of the Street Light Poles on Larkspur Lane; Councilman Przybylinski referenced the report Asst. Chief Richardson gave previously on the street lights stating if it was the only option, it would help some; also bringing to the Boards attention a comment Mr. Peller made at the previous meeting that exceptions can be made for critical, safety concerns that happen in neighborhoods; asking for approval. Capt. Steve Jesse, M.C.P.D. Traffic Division addressed the Board stating if the Board wanted to give him something to look at, he would look into the matter further and report back at the next meeting; when asked about the speed limit signs, Capt. Jesse stated the speed limit on most city streets is 30 mph unless posted otherwise; people often claim they do not see them, but does the city then want to post speed limit signs on every street. 1) Vice-President Palmer made the motion to move the original street light that was approved for the intersection of Larkspur Lane and South Court and move this light east to the next pole with a brighter bulb. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 2) Vice-President Palmer made the motion to increase the wattage on the street light at pole 249/488 to 150 watts. The motion was seconded by Virginia Keating and carried as Regular Meeting – December 5, 2016 Page 6 follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 3) Discussion ensued between the Board and Charles “Spike” Peller regarding what would happen if the “Local Delivery Only” signs were to be installed; Virginia Keating made the motion to TABLE the matter of the two (2) local delivery signs at the entrance of Larkspur Lane till the December 19, 2016 meeting. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 4) Vice-President Palmer made the motion to add one (1) speed limit sign coming onto Larkspur Lane from each direction. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. 5) Discussion ensued between the Board and Corporate Amber Lapaich regarding liability issues with “No Swimming” signage being posted on Lake Henry; Virginia Keating made the motion to install “No Swimming” signage at Lake Henry. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. PUBLIC COMMENT Capt. Steve Jesse, M.C.P.D. Traffic Division commented on the “No Swimming” signs just approved for Lake Henry, when they receive a call, what is M.C.P.D. suppose to do when they are called for people swimming there; further discussion ensued between the Board, Corporate Counsel Lapaich and the Mr. Peller regarding public safety. BOARD COMMENT President Janus asked if there were any Board comments at this time, there was no response. 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 9:52 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