Board of Public Works & Safety

REGULAR MEETING – October 1, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, October 1, 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 Vice-President Murphy, who presided. Noted present: Rich Murphy and Virginia Keating (2) Absent: Steve Janus (1) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Lt. Jeff Loniewski, M.C.P.D. Traffic Sue Downs, Code Compliance Officer Charles Peller, City Engineer Andrea Smith, Personnel Director Paul Ruane, Associate Planner Skyler York, Assistant City Planner Craig Phillips, Planning Director Robert Zondor, Superintendent, Central Services Royce Williams, Chief of Services, M.C.P.D. Kalon Kubik, Mayor’s Administrator Kim Sliwa, Deputy Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES Vice-President Murphy asked if there were any corrections to the minutes of the Regular meeting of September 17, 2018 and the Executive Session on September 17, 2018. Virginia Keating made the motion to approve the minutes from the September 17, 2018 Regular meeting and the Executive Session on September 17, 2018. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. OPENING OF BIDS – 2018 Fuel Procurement for Unleaded and Diesel Fuel Vice-President Murphy asked if there was anyone wishing to render a bid at this time: there was no response. Virginia Keating made the motion to close the acceptance of bids for the 2018 Fuel Procurement for Unleaded and Diesel Fuel. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising three (3) bids were received and are as follows: 1. Al Warren Oil Company, Inc. 2. Co-Alliance 3. Knoll Brothers, Inc. Counsel Lapaich requested that this matter is referred to Mr. Zondor and herself to review and make sure all the proper paperwork has been submitted. Virginia Keating made the motion to refer the matter of the 3 bids to Mr. Zondor and Attorney Lapaich for review and recommendation. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. REQUEST FOR SIGNAGE – Terrance Blandin, Dunes House, Inc. 211 E. 6th Street is requesting that Handicap sign(s) are replaced at the AA/NA meeting house for patrons Terrance Blandin, President of the Board, Dunes House, Inc. 211 E. 6th Street addressed the Board stating this request is actually to replace a handicap sign that was removed a few years ago; advising there are a number of members that attend meetings at the Dune House that are handicapped and it would be nice if there was a designated place for them to park. Charles “Spike” Peller, City Engineer addressed the Board stating he will look at this situation. Discussion ensued between Charles “Spike” Peller, City Engineer and Mr. Blandin regarding how many spaces are needed. Mr. Blandin responded, they have limited parking now and would like one (1) but he would ultimately like to have at least two (2). Virginia Keating made the motion to refer this matter to the City Engineer for review and recommendation and report back at the next meeting. The motion was seconded by Vice-President October 1, 2018 Page 2 Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. REQUEST FOR SIGNAGE- Luis Izquierdo, 201 Thurman Avenue, is requesting the placement of 2 stop signs on Thurman Avenue and Lafayette Street and pedestrian crosswalks on Lafayette Street from the A.K. Smith Career Center to Thurman Avenue for public safety Luis Izquierdo, 201 Thurman Avenue addressed the Board stating that traffic travels down Lafayette Street at high rates of speed; advising the entrance to the A.K. Smith Center is right there, so many students are in and out of the building; explaining some students park across from Lafayette Street on Thurman Avenue and cross the street throughout the day; further stating on Lafayette Street starting at Barker Avenue all the way to 11th Street, there are no stop signs; he is requesting a 3 way intersection, by putting a stop sign on Lafayette Street and Thurman Avenue. Captain, Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he looked at the situation and pulled the accident statistics for that intersection; advising over the last 10 years, they have had 5 accidents recorded; explaining of those 5 accidents, none of them appeared to be the result of excessive speed or issues with pedestrian crossings; further stating that they did look at this issue when the Parks and Schools Traffic Safety Committee was formed by the Mayor last year; however they did not recommend any pedestrian crossings at that time; further advising it was probably overlooked, and for now his recommendation is to install a pedestrian crosswalk at that intersection; however he is recommending denial of the stop signs; further explaining it has been the policy of the Board not to install stop signs for the sole purpose of reducing speeds. Virginia Keating made the motion to install a pedestrian crosswalk in the area that has been suggested near the A.K. Smith Career Center and to deny the request for stop signs. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. APPROVAL FOR FENCING- Bruce Jones, 525 Dupage Street is requesting approval to place fencing along his driveway to prevent vehicles from cutting across the alley and possibly hitting his garage and pedestrians cutting across his drive Bruce Jones, 525 Dupage Street addressed the Board stating he lives on the corner of Allen and Dupage Street and his driveway runs parallel to the alley between Thurman and Dupage Street; advising that driver’s use his driveway as a right-of-way into the alley, pedestrians cut across his driveway and into the alley; explaining he tried to get a permit to put up a fence, but was told to go before the Board since his fence would be 3-4 feet on City property; further stating he would like to put up a chain link fence that would not obstruct anyone’s view. Skyler York, Assistant City Planner addressed the Board stating he is recommending denial of this request; advising when someone comes to them with an obstruction in a right-of-way, they have them remove the obstruction and move it back to their property; explaining they have an option for a bollard. Charles “Spike” Peller, City Engineer addressed the Board suggesting Mr. Jones uses a bollard in the corner to prevent people from hitting the garage; advising this is his recommendation. Virginia Keating made the motion to deny the request to place fencing along the driveway located at 525 Dupage Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. REQUEST FOR SIGNAGE / EXAMINATION OF EASEMENT – Renee Bauer, 400 Autumn Trail is requesting that a “Children Playing” sign is replaced on Jackson Street adjacent to Imagination Station Daycare Center / requesting the City Engineer examines the easement on Jackson street for safety reasons Charles “Spike” Peller, City Engineer addressed the Board stating he has no issues with placing a “Children Playing” sign; advising he needs to further analyze the intersection at Jackson Street; asking for this item to be placed on the pending items list. Virginia Keating made the motion to refer this matter to the City Engineer for review and recommendations and report back at the next meeting. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. INSURANCE POLICY RENEWEL – Craig Menne, General Insurance Services is requesting acceptance of: Berkley Accident and Health – EmCap Group Captive Solution Contingent Quote – Employer Stop Loss Policy, Reinsurance and Captive Agreement effective on January 1, 2019 Craig Menne, General Insurance Company addressed the Board seeking approval to move the Employee benefits plan from Anthem (both the administrator and stop loss insurance provider) to UMR (a division of United Health Care) as the administrator and Berkley Teneo Captive serving as the Stop Loss Insurance Company; advising the one (1) change this would represent would be that part of the stop loss arrangement contemplates a captive which provides a potential return to the City of some unused dollars when there is a good claims year; explaining we do not have that option with Anthem, if it is a good claims year, Anthem retains the profit; stating the final point also allows us to enter into a care coordination program (APTA) utilized by a number of Fortune 500 companies; further advising the renewal to UMR and Berkley stop loss is an expected plan cost of $6,500,000.00, if the City stays with Anthem, the cost would be $7,200,000.00; further stating this is a pretty meaningful savings. October 1, 2018 Page 3 Vice-President Murphy addressed everyone stating this action today is a result of many months of hard work from Mayor Meer and the City team looking at ways to effectively control the cost of Health Care; advising Mayor Meer has made the recommendation to move ahead on this option. Virginia Keating made the motion to approve the request to move from Anthem to UMR and the acceptance of the Berkley Accident and Health EmCap Group Captive Solution Contingent Quote – Employer Stop Loss Policy, Reinsurance and Captive Agreement effective January 1, 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. CONTRACT APPROVAL – Randy Novak, Fire Chief, M.C.F.D. is requesting approval of the Interlocal Contract between the City of Michigan City Board of Public Works and Safety and (HGAC) Houston-Galveston Area Council to purchase certain products and services through the H-GAC Cooperative Purchasing Program Randy Novak, Fire Chief, M.C.F.D. addressed the Board stating the City Council is in the process of approving the funding for the new fire truck; advising the number one (1) back-up truck is down, and not in service any longer; explaining they have been looking for a new truck for quite some time; further stating the agreement that they are seeking approval for is a National QPA (qualified purchasing agreement) that he is wanting to utilize for the purchase of this truck. Corporate Counsel, Amber Lapaich addressed the Board advising this agreement with H-GAC would allow us to be part of the National QPA that bids for equipment and fleet under the State’s purchasing laws; stating this agreement would be effective through the end of year and allow us to purchase vehicles through their service. Virginia Keating made the motion to approve the Interlocal Contract between the City of Michigan City Board of Public Works and Safety and Houston-Galveston Area Council (H-GAC) to purchase certain products and services through the H-GAC Cooperative Purchasing Program. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. CONTRACT APPROVAL- Approval of contract for the purchase of a Commander Chassis for the Michigan City Fire Department Randy Novak, Fire Chief, M.C.F.D. addressed the Board requesting approval of the contract to purchase a Rosenbauer Pumper truck for the M.C.F.D.; asking the Board to approve the request subject to the Council’s approval tomorrow night, Tuesday, October 2, 2018 for the funding. Corporate Counsel, Amber Lapaich addressed the Board stating this contract with Rosenbauer was bid out through the H-GAC Program that the Board gave permission to be part of the National QPA program; advising all bid documents and contracts have been submitted; recommending approval subject to the Common Council’s approval of the funding. Virginia Keating made the motion to approve the contract for the purchase of the Commander Chassis for the Michigan City Fire Department in the sum of $608,347.00; subject to the City Council’s approval of the funding. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. AMENDMENTS TO COMPREHENSIVE PLAN – Craig Phillips, Planning Director is requesting approval for the extension of project completion date to November 3, 2018; and also for the proposed Comprehensive Plan Contract Amendment for supplemental planning services associated for additional trips to attend meetings Craig Phillips, Planning Director addressed the Board stating he has two (2) requests that he is seeking approval for; the first is for a time extension of the contract for the project; advising the date is incorrect on the contract, it should read December 31, 2018; explaining subject to that change, he is requesting approval on the amendment to the contract for Kendig Keast for the Comprehensive Plan; further stating they have begun the adoption process for the final document; further advising the first meeting is October 15, 2018 beginning with the Plan Commission, then it will go to the City Council from there; which is the reason for the time extension. Discussion ensued between Corporate Counsel, Amber Lapaich and Mr. Phillips regarding if Kendig Keast will be submitting a new revised letter since the one in front of the Board has already been executed it. Mr. Phillips stated he will have them revise and resend it because the second amendment needs to be revised as well, there are typos on it. Virginia Keating made the motion to extend the project completion date to December 31, 2018. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. Craig Phillips, Planning Director addressed the Board regarding the second item; requesting approval for additional trips as necessary; advising the amount of $3,310.00 for one (1) consultant and $6,620.00 for two (2) consultants is the correct amount; page two (2) of the amended contract is incorrect; stating he will have Kendig Keast amend the contract accordingly. Discussion ensued between Corporate Counsel, Amber Lapaich and Mr. Phillips regarding if Redevelopment will be paying for the funding. Mr. Phillips responded that Redevelopment has already approved the funds up to $25,000.00. Mr. Phillips also asked for approval of additional meetings, one by one as necessary based on the process; explaining he is not asking for approval of the entire package of meetings, but as necessary; stating he will initial the contract and send it back each time for approval. Virginia Keating made the motion to approve additional funding for meetings and trips; that sum being $3,310.00 for one person and $6,620.00 for two people and give the authority to Craig Phillips, Planning Director to approve meetings as necessary. The motion was seconded by Vice- October 1, 2018 Page 4 President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. REQUEST FOR APPROVAL OF TRADE-IN / PURCHASE – Royce Williams, Chief of Services, M.C.P.D. is requesting approval to trade-in a used vehicle and purchase a 2009 Ford F-150 to be utilized by the Michigan City Animal Control Division; total cost with trade-in $9,800.00 Royce Williams, Chief of Services, M.C.P.D. addressed the Board stating the M.C.P.D. received $9,800.00 from the Insurance Company for a Police cruiser that was totaled in an accident; advising the second Animal Control vehicle is not operational; explaining they are going to trade-in the current red vehicle for $1,000.00 and purchase a 2009 Ford F-150 from Castle Ford in Michigan City; further stating the cost with the trade-in will be $9,800.00, which they have possession of; asking for approval. Virginia Keating made the motion to approve the request for the trade-in of the used Michigan City vehicle and the purchase of a 2009 Ford F-150 to be utilized by the Animal Control Division; the total amount with the trade-in is $9,800.00; the trade-in being $1,000.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. RESIGNATION – Michigan City Fire Department announces the resignation of Duane Harrington, effective September 27, 2018 (note: for informational purposes only) Randy Novak, Chief, M.C.F.D. addressed the Board stating that Duane Harrington has spent around 11 years with the Michigan City Fire Department; advising he has been active in the Air National Guard; he is leaving to work for a company that helps transport troops overseas; wishing him all the best and thanking him for his service. 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 Murphy and Keating (2). 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 11 09/28/2018 $542,924.19 1 of 3 10/01/2018 $223,663.49 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 7 10/01/2018 $1,986,615.92 UNFINISHED BUSINESS Demolitions 121 N. Porter Street Sue Downs, Building Commissioner addressed the Board stating she thought that Valerie Kubacki, Prime Real Estate was going to be at the meeting; advising to the best of her knowledge, Ms. Kubacki’s intention is still to take it down; explaining she is still waiting on quotes, this is not a simple demolition; asking for this to stay on the pending list. Discussion ensued between Virginia Keating and Ms. Downs regarding how long she is wanting this to stay on the pending list. Ms. Downs responded 30 days. Virginia Keating made the motion to keep this matter on the unfinished business/pending items list and to revisit it in 30 days; two meetings from today, October 1, 2018. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion carries. William Guse – 301 W. Coolspring Avenue has concerns with 305 W. Coolspring Avenue and 609 Benton Avenue Sue Downs, Building Commissioner addressed the Board stating the owner has been making progress on it; he does have pending permits (good for 1 year) and is making progress on it; he is October 1, 2018 Page 5 keeping it maintained and secure; recommending this is removed from the unfinished business/pending list. Discussion ensued between Vice-President Murphy and Ms. Downs regarding concerns that have been expressed (signed petition from neighbors) in the neighborhood. Ms. Downs responded that if the house was not being maintained and secured there would be violations; advising they do not monitor the speed in which someone does a project. ***Ms. Downs stated 609 Benton Street is on the next list of demolitions to proceed with; advising the title search has been done and she is moving forward with this; explaining the owners are deceased and the heir is incarcerated, it might take a little longer to get this one down. Virginia Keating made the motion to remove this matter from the unfinished business/pending list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion carries. Yusuf Zarkari – his fence is on City property located on Seymour Avenue – Parcel #46-01-31-231-016.000-022 Sue Downs, Building Commission addressed the Board stating this is a concern from the owner who has since sold the property; advising Skyler York and herself spoke about this and didn’t see the need to take any action at this time. Skyler York, Assistant Planner addressed the Board stating that whoever purchases the property will probably get a survey done; advising they will find out they do not own the property the fence is located on; explaining at that time if they are interested in the City property, that will come back in front of the Board. Corporate Counsel, Amber Lapaich addressed the Board stating she did receive feedback from various City departments; advising no-one had any objections at this time for the property to be sold; explaining we need to send a letter to the owner and if he or the new owner decides they would like to buy the property they can contact her office and she will take the next necessary steps. Virginia Keating made the motion to remove this matter from the unfinished business/pending list; and inform the owner they need to contact Corporate Counsel if interested in purchasing the property. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion carries. PUBLIC COMMENTS Vice-President Murphy asked if there were any Public Comments. ***Sue Downs, Building Commission addressed the Board with two (2) updates; the first regarding the explosion on Pleasant Avenue; advising the demolition has been delayed because of insurance reasons; stating if we take it down now, we would be destroying evidence; explaining we are giving them additional time to do their research before we go forward with the demolition; the second is Calumet Pallet; advising it has been 30 days since the attorney met with Kyle Kazmierczak, M.C.F.D. Fire Marshall; stating there has been no progress in the yard and they are still operating the business; explaining they feel they may need to take further action at this time. ***Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating the Mayor’s Office received a request last week from a concerned citizen regarding a safety issue at the intersection of 7th and Pine Street; specifically cars parked along the west shoulder of Pine Street obstructing the view for traffic traveling east on 7th Street; advising he pulled the accident statistic’s for the last 10 years; explaining there have been 10 accidents at this intersection; at least 2 by people were attempting to cross Pine Street on 7th Street, eastbound; further stating last Thursday he investigated a personal injury accident at that intersection that was a direct result of cars parking on west side of the street, blocking the view; further advising Mark Swistek, Chief of Police, M.C.P.D. and Mayor Meer are concerned that this is a safety issue and are requesting the immediate installation of a four (4) way stop at that intersection. Discussion ensued between Corporate Counsel, Amber Lapaich and Captain Loniewski regarding if this would be a four (4) way stop with flashers since it is new. Captain Loniewski responded, yes, Charles Peller, City Engineer suggested that they do install the flashing four (4) way stop. Virginia Keating made the motion to immediately install a four (4) way stop at the intersection at Pine Street and 7th Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion carries. BOARD COMMENTS Vice-President Murphy asked if there were any Board comments, there was no response. (5 Minute Recess) Grievance Hearing – Michigan City Fire Department Local #475 – The Board took this matter under advisement and made the motion to table this to the next Board of Public Works and Safety meeting on Monday, October 15, 2018 ADJOURNMENT October 1, 2018 Page 6 Vice-President Murphy stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:35 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk