Board of Public Works & Safety

REGULAR MEETING – August 6, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, August 6, 2018, at the hour of 8:30 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, Rich Murphy and Virginia Keating (3) Absent: NONE (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sue Downs, Code Compliance Officer Chris Vanderborg, Code Compliance Officer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Paul Ruane, Associate Planner Charles Peller, City Engineer John Gorczyca, M.C. Sanitary District Kalon Kubik, Mayor’s Administrator Robert Zondor, Superintendent Central Services Amanda Glanz, City Forester/Vector Control Director Skyler York, Assistant City Planner Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of July 16, 2018 and the Special meeting on July 23, 2018. Vice-President Murphy made the motion to approve the minutes from the July 16, 2018 Regular meeting and the July 23, 2018 Special meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST TO CHANGE DATE OF STREET CLOSURE – Jessica O’Brien, The Salvation Army of Michigan City, 1201 S. Franklin Street, is requesting to change the date of their 5th Annual Block Party to Sunday, September 9, 2018 from 10:00 a.m. – 4:00 p.m. for the closure of Greene Street between Franklin Street and Washington Street Jessica O’Brien, The Salvation Army of Michigan City addressed the Board stating they are requesting approval to change the date of their 5th annual block party to Sunday, September 9, 2018. Lt. Jeff Loniewski, M.C.P.D. Traffic Division, addressed the Board stating he has no objections; recommending approval. Virginia Keating made the motion to approve the request to change the date of the Salvation Army’s 5th Annual Block Party to Sunday, September 9, 2018 from 10:00 a.m. – 4:00 p.m. for the closure of Greene Street between Franklin Street and Washington Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR SIGNAGE – Ben Ross, 909 Colfax Avenue is requesting the installation of 2 additional “No Parking” signs at the turn-about that is located at the end of the road on Carolina Avenue, Stop 5 along with changing the current “No Parking” sign to “No Parking Tow Away zone” due to illegal parking in that area: also requesting to cut tree branches back near signs Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he went out last week and looked at the situation; explaining that Carolina Avenue is a very narrow street with parking on both sides; it is a dead-end street with a very narrow cul-de-sac at the end of the street; explaining there is currently one (1) “No Parking” sign that is obstructed by foliage; recommending that the “No Parking” sign is replaced and in addition to that, the placement of two (2) additional “No Parking” signs; also requesting that the foliage and branches be cut back to widen the cul-de-sac. Charles “Spike” Peller, City Engineer addressed the Board stating that he also looked at the situation and agrees with Lt. Loniewski. Virginia Keating made the motion to approve the request for signage for the turn-about that is located at the end of the road on Carolina Avenue, at Stop 5; replacing the existing sign, add 2 additional “No Parking” signs and cut back the branches and foliage. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. August 6, 2018 Page 2 REQUEST FOR SIGNAGE – Christian Scott Byrom, 212 Tryon Street, is requesting the installation of street lights, stop signs and posted speed limit signs on Tryon Street for public safety Christian Byrom, 212 Tryon Street addressed the Board stating that he does not have a street light on the block he resides on; advising there are no posted speed limit signs; also requesting that stop signs are placed on Holliday Street to slow traffic down. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board requesting this request is tabled so that the City Engineer and himself can take a look at the lighting situation, and also pull the accident history for those intersections. Charles “Spike” Peller, City Engineer addressed the Board stating he looked at the situation, and there are street lights at all of the intersections, which is the practice for the City, unless the M.C.P.D. feels that one is necessary midblock; advising there are stop signs on Tryon Street all the way through, but they can look at the cross streets; explaining he will discuss the speed limit signs with the M.C.P.D. Vice-President Murphy made the motion to refer this request to the appropriate departments for their review and recommendation; to be placed on the pending list to be brought up at the next meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR SPEED BUMPS – Tom Dunn, 117 Nevada Avenue, is requesting placement of speed bumps on Nevada Avenue Lt. Jeff Loniewski, M.C.P.D. addressed the Board advising he went to the intersection in question and spoke with Mr. Dunn. Mr. Dunn is requesting speed bumps to be placed at the intersection of Nevada and Colfax Avenue; explaining there are currently two (2) stop signs posted at this intersection for eastbound Colfax Avenue traffic; stating that Nevada Avenue is a one-way street that goes south. Mr. Dunn is concerned with cars speeding through there, and the safety of the children playing; further advising the City has a practice that they do not install speed bumps; further explaining he went to this location with a member of the Street Department and looked at two (2) stop signs that do not appear to be in compliance with MUTCD; recommending the installation of updated stop signs at this intersection, along with the installation of reflective strips that go on the face of the stop sign posts; recommending that one (1) of the stop signs be lowered, it is too high and does not meet the standards; further advising that the M.C.P.D. can place their radar trailer at the location to alert motorists to the speed limit that is posted; recommending denial of the speed bumps. Charles “Spike” Peller, City Engineer addressed the Board stating that if you talk to Robert Zondor, Superintendent, Central Services, speed bumps play havoc with the snow plows, which is primarily why they are not used. Vice-President Murphy made to motion to accept the recommendation by Lt. Jeff Loniewski, M.C.P.D. Traffic Division, in lieu of the City’s policy not to install speed bumps; offering the following recommendations, updating new stop signs that are up to code, installation of reflective strips on the face of the stop sign posts and the placement of the radar trailer as deemed appropriate by M.C.P.D. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. FINE APPEAL – John Chalikian, 609 Franklin Street, is appealing a “Mowing/Vector Control Violation: that was issued by Vector-Control on Cook Street on May 10, 2018 John Chalikian, 609 Franklin Street, addressed the Board stating that he never received a letter from Vector Control; advising there are neighboring properties near him that are full of weeds, but no one else received tickets or fines. Amanda Glanz, Director, Vector Control addressed the Board stating that per the ordinance, they issued a notice in the mail (letter dated May 10, 2018); advising she had pictures that were taken 10 days later after Vector Control had mowed on May 29, 2018; explaining they also mowed again on June 13, 2018 when the property was still not maintained. Discussion ensued between Corporate Counsel, Amber Lapaich and Ms. Glanz regarding when the letter dated May 10, 2018 was sent, and what address she send it to. Ms. Glanz responded the letter was sent to 609 Franklin Street, which was the most up to date address from the LaPorte County Assessor’s Office. Counsel Lapaich asked if the letter was served by any other means. Ms. Glanz stated they also posted a notice on the property where they cut. Mr. Chalikian further advised the Board that he was in the VA hospital for 30 days when they cut the property, asking who would go to an empty lot and check for a notice for 609 Franklin Street at Cook Street; stating he only knew it was there because Ms. Glanz told him. Discussion further ensued between Virginia Keating and Ms. Glanz regarding if the notice was sent by regular mail, Ms. Glanz responded yes. Ms. Keating then asked if the notice was posted, Ms. Glanz responded yes. Ms. Keating asked what is the time period in which a person can appeal the notice, Ms. Glanz responded 10 days after the original date of the letter. Ms. Keating stated the original date of the letter was May 10, 2018, so the appeal would have to be made by May 20, 2018. Ms. Glanz responded, yes. President Janus stated he will be abstaining from the vote being he has a friendship with Mr. Chalikian. Vice-President Murphy made the motion to reject the fine appeal. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Murphy and Keating (2). ABSTAIN: Janus (1) NAYS: None (0). Motion Carries. August 6, 2018 Page 3 VENDOR LICENSE – Jessica Blumenfeld, Edward Jones, 2146 Karwick Road, is requesting a one (1) year Canvasser/Peddler/Solicitor license to reach out to businesses and people in our community regarding retirement and investments from August 6, 2018 – August 6, 2019 between 8:00 a.m. – 7:00 p.m. Corporate Counsel, Amber Lapaich addressed the Board stating that everything is in order for this vendor license; advising Ms. Blumenfeld is seeking a license for one (1) year. Virginia Keating made the motion to approve the request for a vendor’s license for Jessica Blumenfeld, Edward Jones, for one (1) year to canvass beginning August 6, 2018 thru August 6, 2019 between 8:00 a.m. – 7:00 p.m. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE- Ed Byer, Woodruff & Sons, Inc., is requesting a street closure/lane restriction on Pine Street from 5th to 6th Street for extra work for Elston Legacy Apartments from August 6, 2018 thru August 31, 2018 between 7:00 a.m. – 5:00 p.m. Ed Byer, Woodruff & Sons, Inc., addressed the Board stating this request is for ongoing work at Elston Legacy Apartments on Pine Street from 5th Street to 6th Street; advising the road will be open, but there will be lane closure in the parking and bike lane. Skyler York, Assistant City Planner addressed the Board stating they are milling and possibly doing some curb work; advising it will just be the parking and bike lane that is closed. Vice-President Murphy made the motion to approve the request for street closure by Woodruff & Sons, Inc., requesting a closure/lane restriction on Pine Street from 5th Street to 6th Street for extra work for Elston Legacy Apartments from August 6, 2018 thru August 31, 2018 between 7:00 a.m. – 5:00 p.m. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST TO SOLICIT BIDS & APPROVAL OF BID DOCUMENTS – Robert Zondor, Superintendent, Central Services is requesting to solicit bids for disposal of excess City vehicles and approval of bid documents for sale of excess vehicles Robert Zondor, Superintendent, Central Services addressed the Board stating he is requesting approval to deem the vehicles and equipment as excess vehicles; advising they are at the end of life; explaining he would like to dispose of them by a sale/sealed bids auction. Corporate Counsel, Amber Lapaich addressed the Board stating they have prepared the bid documents, so the notice will go out following this Board of Works meeting; advising the bids will be open on September 4, 2018. Virginia Keating made the motion to approve the request to solicit bids and also to deem the listed items as being excessive; notice of bids to be opened on September 4, 2018. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CHANGE ORDER - Tom Weinmann, Haas & Associates, is requesting approval of Change Order No. 1 – Finalization of Quantities – 2018 City Wide Pavement Repair Project with Rieth-Riley Construction Company Charles “Spike” Peller addressed the Board stating this is the final of quantities and to close out this project. Corporate Counsel, Amber Lapaich addressed the Board stating the Changer Order No. 1 is an overage in the amount of $21,444.87. Virginia Keating made the motion to approve Change Order No. 1 – Finalization of Quantities- 2018 City Wide Pavement Repair Project with Rieth-Riley Construction Company in the sum of $21,444.87. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CHANGE ORDER - Tom Weinmann, Haas & Associates, is requesting approval of Change Order No. 1 – Eliminate improvements from Franklin Street to Adams Street – Barker Road Resurfacing Project with Walsh & Kelly, Inc. Charles “Spike” Peller, City Engineer addressed the Board stating this Change Order is to bring the price of the project to within the money that is allotted for it; advising they are decreasing the amount of pavement that they are going to put down. Corporate Counsel, Amber Lapaich addressed the Board advising the original amount of the contract was $166,544.85, the decrease by virtue of Change Order No. 1 will result in a deduction of $31,411.51 from that contract. Vice-President Murphy made a motion to approve Change Order No. 1 – Eliminate improvements from Franklin Street to Adams Street – Barker Road Resurfacing Project with Walsh & Kelly, Inc., to decrease the amount by -$31,411.51. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. August 6, 2018 Page 4 CERTIFICATES OF COMPLETION – Jeff Oltmanns, Global Engineering and Land Surveying, is requesting approval of the Certificates of Substantial and Final Completion by Walsh & Kelly, Inc., for the 2018 Michigan City Grant Paving Project (Div. 1,2,3,4 and 5) Martin Bobcek, Global Engineering and Land Surveying addressed the Board stating that there is one (1) remaining item until the entire contract is completed; they will have 14 days from the President’s signature to complete the final outstanding item; advising it is just some temporary striping that needs to be removed. Virginia Keating made the motion to approve the Certificates of Completion from Global Engineering and Land Surveying request for Substantial and Final Completion by Walsh & Kelly, Inc., for the 2018 Michigan City Grant Paving Project and there are some final items that will be completed 14 days from the date of the signature on this agreement. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SUPPLEMENTAL AGREEMENT – Supplemental Agreement No. 5 between the City of Michigan City Board of Public Works and Safety and Butler, Fairman and Seufert, Inc., for the design of the improvements of Singing Sands – Lighthouse Trail – Phase 1 Corporate Counsel, Amber Lapaich addressed the Board stating we just need to update our contract with our Engineers; advising it has been some time since we originally entered into the contract with the Singing Sands Trail; explaining this supplemental agreement between the City of Michigan City and our Engineers would require them to maintain certain language in their insurance that is necessary for other agreements that we have for the City; asking for approval. Vice-President Murphy made the motion to approve the Supplemental Agreement No. 5 between the City of Michigan City Board of Public Works and Safety and Butler, Fairman and Seufert, Inc., for the design of the improvements of Singing Sands – Lighthouse Trail -Phase 1. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CORRESPONDENCE – The Clerk’s Office received correspondence on July 17, 2018 from Ericka Kilbourne, First Presbyterian Church, 121 W. 9th Street; she is withdrawing her request to use the Farmer’s Market Lot located on the corner of 8th and Washington Streets to host a wellness clinic with the Health Linc Mobile van for families and children on July 24, 2018 from 2:00 p.m. -6:00 p.m. CLAIMS AND PAYROLL Virginia Keating 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 Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy 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 2 08/01/2018 $225,313.57 1 of 12 08/03/2018 $593,278.97 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 Amount 1 of 11 08/06/2018 $6,129,883.56 UNFINISHED BUSINESS Keenan Perry, 1207 Buffalo Street request to purchase City property parcel #460132202023000022 Corporate Counsel, Amber Lapaich addressed the Board stating the bids are not due until August 20, 2018. President Janus asked that this matter stay on the pending / unfinished business list. John Fegaras – 3940 S. Franklin Street – Reduction on Revolving Loan August 6, 2018 Page 5 Corporate Counsel, Amber Lapaich addressed the Board stating there is an amended Security Agreement and Amended and Restated Installment promissory note, which she has reviewed the documents and they are fine. Clarence Hulse, Executive Director, Economic Development addressed the Board stating that in August 2015, Mr. Fegaras entered into a note from the City in the amount of $90,000; explaining this note was to open a restaurant, which since then has gone out of business; advising Mr. Fegaras has the note with the City and also a loan at the bank; further stating he is not employed, so extending and lowering the note will help him out so he can afford to pay the note back to the City. Discussion ensued between Virginia Keating and Corporate Counsel, Amber Lapaich regarding if she had all the financial information pertinent to this matter. Counsel Lapaich stated she didn’t know Mr. Fegaras’s financial background or whether or not he had the ability to pay back the note; explaining this is why she asked Mr. Hulse to make the recommendation and explore that aspect with him. Discussion further ensued between Virginia Keating and Mr. Hulse regarding if he had a chance to look into Mr. Fegaras’s financial background. Mr. Hulse responded, yes. Virginia Keating made the motion to approve the request to amend the loan and security agreement with Mr. Fegaras for the revolving loan at 3940 S. Franklin Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Ron Lantroop- A Slice of Heaven, requesting fencing near his mobile vendor food truck President Janus stated this item will stay on the pending list until August 20, 2018 while the Planning Department researches the Industry standards. Demolitions 121 N. Porter Street – Attorney Jeff Williams on behalf of Fannie Mae and Sunday Shone, Prime Real Estate (standing in for Valerie Kubacki) addressed the Board stating Fannie Mae has been obtaining bids for the demolition of this property; advising they have received two (2) bids. Ms. Shone stated that Sue Downs, Building Commissioner asked that they hold off because she is still waiting for bids. Discussion ensued between Corporate Counsel, Amber Lapaich and Ms. Shone regarding if there were enough bids for Fannie Mae. Ms. Shone responded, yes they have received enough, but Code Enforcement asked Valerie Kubacki to wait because they have not received any bids. Sue Downs, Building Commissioner addressed the Board stating that when she spoke to Valerie Kubacki, she told Ms. Kubacki that she could hold off until she gets her bids; advising Fannie Mae’s bids are quite high, and they are agreeable to pay for the demolition; explaining the bids came in not quite double of what she expected. Discussion ensued between Corporate Counsel, Amber Lapaich, and Sue Downs regarding whether or not the Board has affirmed this demolition. Counsel Lapaich stated this demoliton has been delayed, it has not been affirmed. Counsel Lapaich stated we have extended this demolition multiple times to allow them to get bids to do their own demolition. Ms. Shone stated Fannie Mae does not have a problem demolishing this property and paying for it. Vice-President Murphy made the motion to extend this hearing to the first Board of Works meeting in September which is September 4, 2018. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. ***Corporate Counsel, Amber Lapaich addressed the Board regarding a request; stating the Board awarded Rieth-Riley Construction Company a bid, they were the lowest, most responsive bidder for the Parks and Schools Traffic Safety Project; advising they have provided their Certificate of Insurance, their bonds and the signed agreement; further advising this also includes the notice to proceed; asking the Board for permission to execute the agreement so they can start the project. Charles “Spike” Peller, City Engineer addressed the Board stating that the money has been appropriated for this project. Virginia Keating made the motion to approve the contract between Rieth-Riley Construction Co. and the City of Michigan City for the Parks and Schools Traffic Safety Project. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. ***Charles “Spike” Peller, City Engineer is requesting approval of Amendment No. 1 to the City of Michigan City Engineering Services Contract with SEH of Indiana LLC; stating they need an additional $20,000.00 for construction management; advising this contract is not to exceed $70,000.00; asking for approval. Vice-President Murphy made a motion to approve the additional $20,000.00 for Engineering and design services for the Parks and Schools Traffic Safety Improvements Project with SEH, total contract amount not to exceed $70,000.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. August 6, 2018 Page 6 PUBLIC COMMENTS President Janus asked if there were any Public Comments; there was no response. BOARD COMMENTS President Janus asked if there were any Board comments; there was no response. ADJOURNMENT President Janus stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:10 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk