Board of Public Works & Safety

REGULAR MEETING – February 21, 2017 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, February 21, 2017 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, Richard Murphy and Virginia Keating (3) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Russ Hatfield, Code Enforcement Sue Downs, Code Enforcement Aaron Borngraber, Associate City Planner Charles “Spike” Peller, City Engineer Jeff Cox, M.C.F.D. Assistant Chief Lt. Jeff Loniewski, M.C.P.D. Chief Mark Swistek, M.C.P.D. Kalon Kubik, Administrator Skylar York, Assistant City Planner Shelley Dunleavy, Personnel Director Gale Neulieb, City Clerk Jennifer Clouse, City Clerk Secretary APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of February 6, 2017. Vice-President Murphy made the motion to approve the minutes as presented. 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 – 1125 W. 8th Street Russ Hatfield, Code Enforcement Officer addressed the Board recommending awarding the demolition of 1125 W. 8th Street to Smith & Sons Excavating, Inc. in the amount of $8,900.00. Vice-President Murphy made the motion to approve the recommendation of the Code Enforcement Officer for the demolition of 1125 W. 8th Street, awarding the bid to Smith & Sons Excavating in the amount of $8,900.00. 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 – 407 Vail Street Russ Hatfield, Code Enforcement Officer addressed the Board recommending awarding the demolition of 407 Vail Street to Smith & Sons Excavating, Inc. in the amount of $9,450.00. Vice-President Murphy made the motion to approve the recommendation of the Code Enforcement Officer for the demolition of 407 Vail Street, awarding the bid to Smith & Sons Excavating in the amount of $9,450.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – 1123 W. 8th Street President Janus asked if anyone present wished to submit a bid at this times, there was no response. Vice-President Murphy made the motion to close the acceptance of bids for the demolition of 1123 W. 8th Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. President Janus stated there were two (2) bids received and they were as follows: Straton Contracting Group Inc. $19,800.00 Total Bid J. Shoffner General Contractor $ 9,660.00 Total Bid Virginia Keating made the motion to refer to Code Enforcement and the City Attorney for review and tabulation and report back at the March 6, 2017 meeting. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – 2017 Community Crossing Paving Program President Janus stated that only the individuals who attended the conference were allowed to bid, the Board does not have to close the acceptance of bids, it is automatically closed. President Janus stated there were two (2) bids received and they are as follows: Regular Meeting – February 21, 2017 Page 2 Rieth-Riley Construction: Division 1 $ 83,107.88 Base Bid Alternative for Division 1 $ 5,311.05 Alternative Division 2 $164,177.95 Base Bid Alternative for Division 2 $116,767.25 Alternative Division 3 $ 97,243.70 Base Bid Division 4 $183,526.93 Base Bid Division 5 $ 96,237.17 Base Bid Division 6 $ 17,572.50 Base Bid Alternative for Division 6 $117,006.10 Alternative Division 7 $ 93,298.99 Base Bid Division 8 $158,849.32 Base Bid Division 9 $ 13,346.70 Base Bid Alternative for Division 9 $ 19,389.39 Base Bid Division 10 $180,243.32 Base Bid Walsh & Kelley, Inc. Division 1 $ 86,096.71 Base Bid Alternative for Division 1 $154,879.40 Alternative Division 2 $219,313.28 Base Bid Alternative for Division 2 $ 50,993.00 Alternative Division 3 $120,137.50 Base Bid Division 4 $175,692.80 Base Bid Division 5 $103,976.53 Base Bid Division 6 $ 12,896.70 Base Bid Alternative for Division 6 $168,521.85 Alternative Division 7 $ 97,529.00 Base Bid Division 8 $194,176.89 Base Bid Division 9 $ 12,555.29 Base Bid Alternative for Division 9 $ 31,329.75 Alternative Division 10 $208,731.09 Base Bid Vice-President Murphy made the motion to refer the bids to the City Engineer, Consulting team and City Attorney for review and tabulation and report back at the March 6, 2017 meeting. The motion was seconded by Virginia Keating carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. MEMORANDUM OF UNDERSTANDING – Memorandum of Understanding between the Michigan City Board of Public Works and Safety and the La Porte Prosecuting Attorney (RE: Internet Crimes Against Children Task Force-Reimbursement-2017) Mark Swistek, M.C.P.D. Chief addressed the Board explaining this has been reviewed by City Attorney Amber Lapaich and himself; further explaining this is for reimbursement for the forensic analyst who is assigned to the Internet Crimes Against Children Task Force; asking for approval of the annual agreement. Virginia Keating made the motion to approve the Memorandum of Understanding between the Michigan City Board of Public Works and Safety and the La Porte Prosecuting Attorney (RE: Internet Crimes Against Children Task Force-Reimbursement-2017) for a term of one year beginning January 1, 2017 through December 31, 2017 with compensation to the City for one (1) sworn officer assigned to that unit at $56,000.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. DEMOLITION HEARING – 215 Walker Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding 215 Walker Street; further explaining the new owner just acquired this property and has just taken ownership of the property which was purchased through a tax sale; the owner has been very cooperative with Mr. Hatfield. Matthew Kirk, 1366 W. 300 N. La Porte addressed the Board explaining he was looking into donating the property to Habitat to Humanity or Cars for Kids; further explaining he is being told it would take at least 30 to 60 more days to finalize these plans. Discussion ensued between President Janus and Russ Hatfield regarding extending this hearing for 30 days; Mr. Hatfield stated he was ok with continuing the hearing as long as the structure was secure and sealed up from the elements and possible vandalism; recommending continuing this hearing until the March 20, 2017 meeting. Vice-President Murphy made the motion to continue the hearing of 215 Walker Street until the March 20, 2017 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. DEMOLITION HEARING – 210 Cook Street Russ Hatfield, Code Enforcement Officer addressed the Board explaining the issues regarding this property; further explaining that in July of 2011 a citation was issued to the owner to maintain the property; Mr. Hatfield also explained the City incurs the expense of removing brush and weeds and since the property was not part of a tax sale, there are liens that are still present and valid; another expense the City incurred was for Servpro to board up the garage door when someone kicked it in and made entry into the property and vandalized it; Mr. Hatfield addressed concerns about there possibly being automobiles on the property, this will have to be addressed with Corporate Counsel Lapaich. John Chalikian, 609 Franklin Street addressed the Board with concerns about 210 Cook Street. Regular Meeting – February 21, 2017 Page 3 Vice-President Murphy made the motion to proceed with demolition of 210 Cook Street. 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 UTILIZE PARKING LANES – Dave Pheiffer, St. Paul Lutheran Church and School is requesting to utilize the parking lanes on the west side of Pine Street and the No Parking Area on 9th Street on Friday, March 24, 2017 for the Annual Fish Fry The following request was received in the City Clerk’s Office on February 14, 2017 by Dave Pfeiffer: Use No Parking lane on west side of Pine Street, 800 block & No Parking Area on 9th Street to form “Drive Thru” order & pick-up lane. No regular traffic lane will be interrupted. Dave Pfeiffer, St. Paul Lutheran Church, 818 Franklin Street addressed the Board explaining this in an annual event; there is a minor modification to accommodate the different flow patterns of the traffic, using only the No Parking Lane; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division stated this is an annual event, there has never been any problem in the past; this year there are some minor adjustment being made with the reconfiguration of the one way streets; recommending approval. Vice-President Murphy made the motion to approve the request to utilize parking lanes for St. Paul Lutheran Church and School on Friday, March 24, 2017 for the Annual Fish Fry. 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 – Martin Bobcek, Global Engineering is requesting to solicit bids for the Village Green Rehabilitation Project Phase 2 The following request was received in the City Clerk’s Office on February 9, 2017 by Martin Bobcek: We are requesting permission for the Clerk’s Office to submit a request for advertising to the News Dispatch. This advertising is a notice to bidders regarding Village Green Phase 2 for construction this summer 2017. The plans and specifications have been reviewed by Board Attorney Lapaich and City Engineer Peller. The dates of publication are February 24th and March 3rd. These dates have been confirmed by the News Dispatch. Charles “Spike” Peller, City Engineer addressed the Board explaining the City Council will appropriate the money that evening as it is on 3rd reading; asking for approval. Vice-President Murphy made the motion to approve the request to solicit bids for the Village Green Rehabilitation Project Phase 2. 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 HAVE OPEN AIR MARKET – Brother Shaun Gray, Stanislaus Parish is requesting to hold an open air market stating Saturday, May 6, 2017 through Saturday, October 28, 2017 from 8:00 am to 1:00 pm The following request was received in the City Clerk’s Office on February 13, 2017 by Brother Shaun Gray: I request you approve that we be allowed to host the second season of the St. Stanislaus of Michigan City Farmer’s Market on our parish’s parking lot in the 1500 block between Franklin and Pine Streets. Like last year, we intend to operate from 8:00 am until 1:00 pm each Saturday between and including April 29 and October 28 of this year. And as during last year’s market, the alleyway that cuts through the lot would be closed to thru-traffic between the hours of 7:00 am and 2:00 pm. Brother Shaun Gray, St. Stanislaus Parish, 109 Ann Street addressed the Board explaining the request stating the request is the same as last year; asking for approval. Virginia Keating made the motion to approve the request to have the Open Air Market on the parish parking lot, there is an alley located in the 1500 block of Franklin Street between Pine Street, the alley is to be closed from 7:00 am to 2:00 pm operating time for the open air market is 8:00 am to 1:00 pm beginning Saturday, May 6, 2017 and ending Saturday, October 28, 2017. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). ABSTAIN: Janus (1). NAYS: None (0). Motion C LICENSE AGREEMENT – License Agreement for use of the alley for open air market between the City of Michigan City and Saint Stanislaus Catholic Church President Janus explained this license agreement is the same as last year, it is for the use of the alleyway in the 1500 block of Franklin Street. Lt. Jeff Loniewski, M.C.P.D. Traffic Division stated that this alley is hardly used; recommending approval. Vice-President Murphy made the motion to approve License Agreement for the use of the alley for the Open Air Market between the City of Michigan City and St. Stanislaus Catholic Church. 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. STREET CLOSURE FOR SPECIAL EVENTS – Krissy Freitag representing the Michigan City High School Class of 2019 is requesting to hold a “Color Run” on Saturday, May 6, 2017 from 8:00 am to 12:00 noon Regular Meeting – February 21, 2017 Page 4 The following request was received in the City Clerk’s Office on February 13, 2017 by Krissy Freitag: The Class of 2019 is requesting permission to hold a “Color Run” (Run/Walk) Krissy Freitag, MCHS – Class of 2019 representative addressed the Board requesting to hold a “Color Run”; this is the same as last year however, it is a slightly different course but very similar to the one ran last year; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division stated last year this event was run with one (1) officer and the rest were volunteers provided by the class; recommending this happen the same this year; Lt. Loniewski provided Ms. Freitag a list of eight (8) intersections that need to be manned and if volunteers cannot be found, Ms. Freitag has been instructed to contact Emergency Management; recommending approval based on this stipulation. Vice-President Murphy made a motion to approve the street closure for the Class of 2019 “Color Run” contingent on Lt. Jeff Loniewski’s stipulations for staffing the event. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPROVAL OF AGREEMENT – Agreement between City of Michigan City and Feeling Not a Format, Inc. for Radio Airtime and Remote Broadcasts Mike Dempsey and John Landecker, Officers of Feeling Not a Format, Inc. d/b/a Tropical Oldies Radio Show addressed the Board explaining they do a weekly four (4) hour radio show; further explaining this would open up the show to city department heads to promote what is happening within the city; asking for approval. Vice-President Murphy made the motion approve the agreement between the City of Michigan City and Feeling Not a Format, Inc. for radio airtime and remote broadcasts. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. APPROVAL OF CONTRACT – Contract between the Indiana Department of Transportation and the City of Michigan City for Street Sweeping Services from July 1, 2017 to June 30, 2021 President Janus stated that since legal was not present at this time, any approval would be pending her approval. Virginia Keating made a motion to approve the contract between the Indiana Department of Transportation and the City of Michigan City for Street Sweeping Services from July 1, 2017 to June 30, 2021, approval today is subject the approval by the City Attorney. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPROVAL OF LEASE AGREEMENT – Lease of Personal Property & Use Agreement between the City of Michigan City and Ahsek Media Limited, LLC to lease city equipment Vice-President Murphy addressed the Board explaining Attorney Lapaich has prepared the Lease Agreement; allowing the Special Event/Marketing Director to lease a computer per terms in the agreement; asking for approval. Virginia Keating made the motion to approve the Lease Agreement between the City of Michigan City and Ahsek media Limited, LLC to lease city equipment for a term of one (1) year beginning February 15, 2017 and ending February 14, 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. POLICY RENEWAL – Craig Menne, General Insurance is requesting approval for the Group Health Insurance Renewal Policy Craig Menne, General Insurance addressed the Board regarding the renewal of the employee benefits program; further explaining to the Board the increase; asking for approval. Vice-President Murphy made the motion to approve the renewal of the group health insurance in the sum of $888,243.00. The motion was seconded by Virginia Keating 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 1 of 5 02/10/2017 $231,032.67 Regular Meeting – February 21, 2017 Page 5 1 of 6 02/17/2017 $389,321.44 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 Date Amount 1 of 4 02/20/2017 $305,004.31 1 of 1 02/23/2017 $20,492.83 UNFINISHED BUSINESS President Janus stated that there were no items on the Pending Items List at this time. PUBLIC COMMENT President Janus asked if there were any Public comments at this time, there was no comment. BOARD COMMENTS President Janus asked if there were any Board comments at this time, there was no comment. 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 9:45 am). 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