Board of Public Works & Safety

REGULAR MEETING – October 15, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, October 15, 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: Steve Janus, Rich Murphy and Virginia Keating (3) Absent: NONE (0) 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 Paul Ruane, Associate Planner Kevin Urbanczyk, Chief of Operations, M.C.P.D. Kalon Kubik, Mayor’s Administrator Abigale Thayer, Event Coordinator Gale Neulieb, City 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 October 1, 2018 and the Special Meeting on September 26, 2018. Vice-President Murphy made the motion to approve the minutes from the October 1, 2018 Regular meeting and the Special Meeting on September 26, 2018. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). ABSTAIN: Janus (1) Motion Carries. APPROVAL FOR ADDITIONAL EMPLOYEES - Ron Landtroop, A Slice of Heaven, is requesting approval for additional employees on his vendor license Ron Landtroop, 425 Ogden Avenue, A Slice of Heaven addressed the Board asking for approval to hire one (1) additional employee; stating he is now serving breakfast. Virginia Keating made the motion to approve the additional employees at A Slice of Heaven. 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 TO SELL TREES – Brand’ts Old Fashion Emporium, 309 U.S. Highway 12, has given Ron Landtroop permission to sell Christmas Trees at his mobile food location Corporate Counsel, Amber Lapaich addressed the Board stating he is actually looking for approval for a transient merchant license, so that he can sell trees. Ron Landtroop addressed the Board stating several customers had asked him about selling trees at his location; advising Brandt’s was fine with the idea; asking for approval. Vice-President Murphy made the motion to approve the request to sell trees at Brandt’s Old Fashion Emporium for Ron Landtroop, “A Slice of Heaven”. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF BIDS – 2018 Fuel Procurement for Unleaded and Diesel Fuel Corporate Counsel, Amber Lapaich addressed the Board stating that she did review the bids however at this time she is asking the Board to reject all bids and allow us to re-bid it; advising the reason being is the Board approved a bid packet that was correct, with correct dates that bids were to be submitted; however one of the departments incorrectly sent out a draft of the bid packet that had wrong submission dates; explaining there were vendors submitting bid packets to the Board after the deadline; further advising in all fairness with Fuel Procurement, they are trying to create a pool of vendors; further stating she does not see the harm in rejecting the bids and re-bidding so that it is fair for all vendors; further explaining the new bid packet would be available in the Clerk’s Office with a bid submission date the second meeting in November. Virginia Keating made the motion to reject all bids for the 2018 Fuel Procurement for Unleaded and Diesel Fuel and to approve re-bidding. 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 SOLICITATION OF BIDS/APPROVAL OF BID PACKET – Sue Downs, Building Commissioner is requesting to solicit bids for demolition of 224 Willard Avenue, Michigan City, Indiana and approval of bid packet October 15, 2018 Page 2 Corporate Counsel, Amber Lapaich addressed the Board stating that Sue Downs, Building Commissioner has prepared the solicitation of bid documents; advising we can move forward with the solicitation of bids for the demolition of 224 Willard Avenue; explaining the bids will be due the first meeting in November (November 5, 2018). REQUEST FOR SOLICITATION OF BIDS/APPROVAL OF BID PACKET – Sue Downs, Building Commissioner is requesting to solicit bids for demolition of 2011 Wabash Street, Michigan City, Indiana and approval of bid packet Corporate Counsel, Amber Lapaich addressed the Board stating that Sue Downs, Building Commissioner has prepared the solicitation of bid documents; advising we can move forward with the solicitation of bids for the demolition of 2011 Wabash Street; explaining the bids will be due the first meeting in November (November 5, 2018). Vice-President Murphy made the motion to approve the request for solicitation of bids and approval of bid packet by Sue Downs for the demolition of 224 Willard Avenue and 2011 Wabash Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPROVAL TO ACCESS CITY PROPERTY – Kyle Zak, Earth Exploration is requesting approval to access City property located on the west side of Liberty Trail to conduct soil evaluations for Singing Sands Trail Phase -2 Corporate Counsel, Amber Lapaich addressed the Board stating they are asking for permission to do soil sampling; asking for approval. Virginia Keating made the motion to approve the request for access to City property by Earth Exploration for the property on the west side of Liberty Trail to conduct soil evaluations. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. PHYSICAL FITNESS TESTING – The Michigan City Fire Department will be conducting their semi-annual physical fitness testing beginning on October 2, 2018 (Note: for informational purposes only) PHYSICAL FITNESS TESTING – The Michigan City Police Department will be conducting their semi-annual physical fitness testing beginning on October 9, 2018 (Note: for informational purposes only) Kevin Urbanczyk, Chief of Operations, M.C.P.D. addressed the Board stating he received a letter from Officer Ken Havilan, M.C.P.D. (Fraternal Order of Police representative) requesting that officer’s participating in the physical fitness testing utilize either the treadmills or stationary bicycle’s inside the Police Department during inclement weather or any other type of conditions preventing them from going outside to reduce the risk of injury. REQUEST TO USE THE “YOU ARE BEAUTIFUL” LOT – Deborah Chubb, 3630 Birchwood Trail, is requesting to use the “You are Beautiful” lot on Saturday, October 27, 2018 from 10:00 a.m. to 4:00 p.m. for a “Get out the Vote” party Deborah Chubb, 3630 Birchwood Trail addressed the Board stating this is an event to encourage voting; advising there will be no alcohol, and no street closures; explaining there will be free food and gifts for voters. Corporate Counsel, Amber Lapaich addressed the Board stating that Redevelopment approved this request on August 29,2018; advising there is an agreement between the City of Michigan City and Redevelopment for the use of the lot; asking for approval. Discussion ensued between President Janus and Counsel Lapaich regarding why the Board of Works is involved with this since it is Redevelopments property. Counsel Lapaich responded it was best to notify the Board so all the relevant departments will be on board as well. Virginia Keating made the motion to approve the request to use the “You are Beautiful” lot and approve the agreement for use of the lot on Saturday, October 27, 2018 from 10:00 a.m. till 4:00 p.m. for the “Get out the Vote” party. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 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 October 15, 2018 Page 3 1 of 12 10/12/2018 $564,965.98 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 10/15/2018 $426,093.03 UNFINISHED BUSINESS Demolitions 121 N. Porter Street Sue Downs, Building Commissioner addressed the Board stating there is nothing new to report; asking for this to stay on the pending list until the November 5, 2018 meeting. Terrance Blandin, Dunes House, Inc. 211 E. 6th Street, asking for approval to place a Handicap sign Charles “Spike” Peller, City Engineer addressed the Board stating he is fine with placing a sign at the Dunes House, Inc; recommending approval. Vice-President Murphy made the motion to approve the handicap sign located at the Dunes House, Inc., 211 E. 6th Street by Terrance Blandin. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Renee Bauer- Autumn Trail, Children Playing Sign on Jackson Street near Imagination Station and examination of easement on Jackson for safety reasons. Charles “Spike” Peller, City Engineer addressed the Board stating he received a letter from Councilman Stimley stating he agrees with a Children at Play sign, he feels it is appropriate; advising he also received an email from Captain Jeff Loniewski, M.C.P.D. Traffic Division stating a sign is not appropriate; explaining there are a number of reasons why Children at Play signs are not recommended, one reason is Legal liability; further stating he is recommending we do not place the Children at Play sign. Mr. Peller also stated they wanted him to look at the easement on Jackson Street and possibly place a barrier; advising a barrier is not appropriate for the City. Virginia Keating made the motion to deny the request for the barrier on the easement on Jackson Street for safety reasons and to also deny the request for Children at Play sign for Imagination Station Daycare. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Discussion ensued between Gale Neulieb, City Clerk and President Janus regarding if this item can be removed from the pending list. Mr. Janus responded, yes. PUBLIC COMMENTS President Janus asked if there were any Public Comments. Chris Johnson, Assistant Superintendent for the Department of Water Works addressed the Board stating he is asking for approval of a street closure to install a brand new water main on Grand Beach Road between Duneland Beach Drive and the railroad crossing on U.S. 12; advising they will need to close the road during the day while they are working since it is a narrow right-of-way; explaining this work will start on October 22, 2018 and should be completed by November 22, 2018; further stating the road will be open for the 2 houses that are along this stretch of road; further advising the road will be open in the evening; further explaining the hours of closure will be from 7:30 a.m. till 3:30 p.m. Vice-President Murphy made the motion approve the request for street closure for the Water Department to perform water main work on October 22, 2018 through November 22, 2018 between the daytime as needed 7:30 a.m. -3:30 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. BOARD COMMENTS President Janus asked if there were any Board comments, there was no response. Disposition of Grievance – Michigan City Fire Department Local #475 Corporate Counsel, Amber Lapaich addressed the Board stating the comment from Legal would be the contract specifically spells out what a grievance is; and what a grievance is defined as under the October 15, 2018 Page 4 contract; also interpretation of the contract, the meaning in the contract; something that deals with the contract; advising the Board needs to decide if this a “grievance” that was filed. Vice-President Murphy made the motion to deny the claim of the grievance due to the fact that this is not a grievance under the existing contract. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). ABSTAIN: Janus (1) Motion carries. 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 8:50 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