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CITY OF SOUTH BEND - COUNCIL MEETING - July 25, 2016

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1-2. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

The council meeting was called to order by Mayor Struck at 5:30 pm followed by the Pledge of Allegiance. Members present: Councilor Olsen, Councilor Williams, Councilor Neve, Councilor Webber, Police Chief Eastham, City Supervisor Houk and Clerk/Treasurer Roberts. Councilor Hall was absent.

3. APPROVAL OF AGENDA, CONSENT AGENDA, AND APPROVAL OF MINUTES

A motion was made by Councilor Neve to approve the Agenda, the Consent Agenda and the minutes of the July 11, 2016 regular meeting. The motion was seconded by Councilor Olsen. Vote: Ayes-4, Noes-0, Absent-1

Vendors - Check #42192 thru Check #42226 - $63,150.53

4. CORRESPONDENCE

None

5. PUBLIC HEARING @ 5:31 PM – SIX YEAR TRANSPORTATION IMPROVEMENT PLAN FOR 2017-2022

Mayor Struck opened the public hearing at 5:31 pm and gave the public an overview of the projects as follows:

Priority # Road Name Begin End Phase Start Year
1 Kendrick Street Highway 101 First Street 2017
2 First Street Weir Street Kendrick Street 2018
3 West 4th Street Willapa Avenue Pacific Avenue 2018
4 Adams Street Highway 101 Water Street 2019
5 Pacific Avenue West 4th Street First Street 2019
6 Washington Street Highway 101 East 3rd Street 2020
7 Madison Street Highway 101 First Street 2020
8 Jefferson Street Highway 101 First Street 2021
9 First Street “A” Street “C” Street 2021
10 First Street Jackson Street Harrison Street 2022
11-Sidewalk Highway 101 (West) Pacific Avenue “A” Street 2017
12-Sidewalk Highway 101 (East) N Side Coast End of Existing 2017
13-Sidewalk Highway 101 (West) Willapa Avenue Central Avenue 2018
14-Sidewalk Highway 101 (East) Mid Alder Street Willapa Avenue 2018
15-Sidewalk Highway 101 (North) Weir Street Cedar Street 2019

There was no comments from the public and Mayor Struck closed the public hearing at 5:36 pm

6. CENTRAL AVENUE – GRAY & OSBORNE, INC.

Mayor Struck introduced Eric Noah from Gray & Osborne, Inc. who would be presenting information regarding the Central Avenue Sewer Line Replacement Project and the contractor responsible for the project, NOVA Contracting, Inc.

Mr. Noah gave a brief overview of what the project original entailed and then explained where the project currently stood. The bottom line being the project is late and over budget. The council and staff also received a memorandum from Mr. Noah and Mike Johnson, P.E. of Gray & Osborne, Inc. listing four options for completing the Central Avenue Project based on potential funding and the current contractor’s ability to perform.

Mr. Noah laid out the four options which are:

  1. Deny the changed condition claim and require NOVA to complete the work with no additional compensation.
  2. Require NOVA to complete the work and negotiate a cost for dewatering based on a changed condition
  3. Terminate the Contract with NOVA and rebid the remaining work in the Contract
  4. Have NOVA complete a reduced scope of work within the available grant funding (requires CDBG approval)

Options 1-3 require varying degrees of additional funding with additional costs to the city. Option 4 would have no immediate cost to the city, but would leave the project incomplete and require the city to look for funding in 2017 to complete the project.

Councilor Olsen asked if there was any recourse to prevent them from performing under a Community Development Block Grant (CDBG) in the future. Mayor Struck explained that there are clauses in their current contract where it explains what needs to be documented should the contractor be substandard and Mayor Struck said that documentation would be put in place should they ever bid on a job for South Bend again. Councilor Williams asked if the other two bidders on the project took the dewatering issue into consideration when preparing their bid and Mr. Noah felt that due to the high cost of piping on the other two bids it was felt that yes, they had. Mayor Struck noted that there is one clause in the contract that states the contractor is to notify the city immediately if there are any issues and according to NOVA this is something that was discovered a year ago, but was not brought up until now – a year later. Councilor Webber asked Mayor Struck what her recommendation would be. Mayor Struck was adamant that she was not in favor of a loan or even a loan/grant package to complete the project. The citizens already were paying more than their fair share and she would not support a loan to complete this project. Councilor Olsen asked if the city stops NOVA now would that preclude the city from future funding. Mr. Noah explained that there is still money sitting on the table for this project and it would need to be used or it would have to be returned. If the city decided to let NOVA finish as much as they could with the money that is left and then went to look for funding next year to complete what was left he didn’t think that would be an issue. City Supervisor Houk explained that no matter what this project will not be completed this year. Councilor Neve would just like to see them gone! Mayor Struck believes that she could appeal to the legislature in 2017 for a special appropriation and this project just might get funded.

Steve Rogers, President of the Pacific County Historical Society and Museum expressed his concerns about NOVA and the work that they would be doing around 226 Pacific Avenue. The museum has been holding off starting construction on a 3,000 sq. ft. building they had hoped to have completed by now because of this construction and they can’t wait any longer, but if NOVA starts digging again they are concerned it could damage the foundation. Further discussion following including discussion with Citizen Don Corcoran who will be overseeing the construction of the building.

Following some additional discussion Councilor Olsen made a motion authorized Eric Noah of Gray & Osborne, Inc. to negotiate with NOVA Contracting, Inc. and CDBG for Option #4 - Have NOVA complete a reduced scope of work within the available grant funding (requires CDBG approval). The motion was seconded by Councilor Webber. Vote: Ayes-4, Noes-0, Absent-1

This is with the understanding that if CDBG does not approve the reduced scope of work it will come back to the council for review, discussion and approval of one of the other options (#1-3)

Mayor Struck thanked Mr. Noah for coming down and explaining the city’s options to the council and staff. It was very much appreciated. Gray & Osborne, Inc. have always done an excellent job for the city and it has not gone unnoticed.

7. ORDINANCE #1513 – ADDING CHAPTER 12.30 – TRANSPORTATION DEVELOPMENT (SECOND READING)

Councilor Williams made a motion accepting Ordinance #1513 – Transportation Development as presented. The motion was seconded by Councilor Olsen. Vote: Ayes-4, Noes-0, Absent-1

8. RESOLUTION #2016-07 – ADOPTING SIX YEAR TRANSPORTATION IMPROVEMENT PLAN FOR 2017-2022

Councilor Neve made a motion accepting Resolution #2016-07 – Adopting Six Year Transportation Improvement Plan for 2017-2022 as presented. The motion was seconded by Councilor Olsen. Vote: Ayes-4, Noes-0, Absent-1

9. ITEMS FROM THE PUBLIC

Citizen Paul J. DeMeo (1604 W First Street) asked what the status of the house was that is located at 1610 W. First Street (Heidi Keller’s Property). City Supervisor Houk responded that she had come in and renewed the expired building permit. Mr. DeMeo explained that the back porch is caving in, there are rodents coming from the house and there are a plethora of mosquitos due to the overgrown weeds/brush. City Supervisor Houk advised he will contact her again.

10. DEPARTMENT HEAD REPORTS

Police Chief Eastham mentioned the homicide, as reported in the local paper, was resolved with the subject set to be sentenced on August 5, 2016 to one count of homicide and one count of 3rd degree rape and will likely serve 20 years and then face deportation. Police Chief Eastham thanks police secretary Zoe Sowa for all of her hard work on this case as she did almost as much work as all of the offices put together. The whole department did an outstanding job.

City Supervisor Houk explained that the public works crew have been busy cleaning out Martin Creek Dam and Impoundment of organics and sediment. The water treatment plant was doing a CIP (acid wash) every 250 hours as opposed to every 1,000 hours because there was so much silt and sediment. When the project is completed it will return more water and should eliminate all of the organics in the impoundment. They are also replacing some screens and valves and adding some rip/rap to help stop the silt from sluffing into the impoundment. City Supervisor Houk did note that everything that could go wrong has gone wrong since they started working on this project. It was supposed to only take two days and they are into day five now. City Supervisor Houk thanked the crew for all of their hard work, noting it is dirty work and they are doing a great job.

11. MAYOR’S REPORT
  • Mayor Struck congratulated Clerk/Treasurer Roberts on becoming the Washington Municipal Clerks President Elect.
  • Mayor Struck congratulated all of the South Bend police officers for a great job on the homicide case and to all of the officers in blue for their work especially during the recent gut-wrenching police officer killings in Dallas and Baton Rouge. Mayor Struck explained that not only does she work around some amazing officers she has two sons that put on a uniform every day and it is tough knowing they could be in harm’s way every time they leave the house.
  • Mayor Struck pointed out that three pop-up restaurants have started up around the Ray Spurrell Walkway. It is great to see something new and exciting going on in that area.
  • Mayor Struck announced that the City of South Bend/Come Play on Labor Day would again have a booth at the Pacific County Fair (August 24-27).
  • Mayor Struck asked the council for permission for the Pitchwood Ale House to set up a beer garden at Cheney Park over Labor Day during the softball tournament. Councilor Neve made a motion allowing a beer garden at Cheney Park over Labor Day. The motion was seconded by Councilor Williams. Vote: Ayes-4, Noes-0, Absent-1
  • Police Chief Eastham noted that last year everything went off without a hitch.
12. COUNCIL COMMENTS
  • Councilor Webber asked when the city would be spraying for mosquitos again. She was advised that they sprayed July 18th & 19th and they will be back on August 1st and 2nd. Councilor Webber advised that the mosquitos around her place (603 W. First St) are terrible. She will send Edward Horvath from Three Rivers Mosquito and Vector Control an email so he knows there are issues in her neighborhood.
  • Councilor Neve also brought up the house that is located at 1610 W. First Street (Heidi Keller’s Property). Councilor Neve also explained that the back porch is caving in, there are rodents coming from the house and there are a plethora of mosquitos due to the overgrown weeds/brush.
  • Councilor Neve explained that Claudette Kelly who lives at 215 Central recently had her cat killed by a dachshund that is constantly running loose along with another small black and white dog. These dogs are not licensed and are always loose.
  • Councilor Neve thanked the South Bend Police Department for a job well done.
  • Councilor Olsen thanked the South Bend Police Department and the Public Works Department for jobs well done.
13. ADJOURNMENT

The meeting was adjourned at 6:31 PM to meet again at 5:30 PM on Monday, August 8, 2016 for the next regularly scheduled meeting at South Bend City Hall.