Board of Public Works & Safety

REGULAR MEETING – March , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, March 6, 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 Lt. Jeff Loniewski, M.C.P.D. Skylar York, Assistant City Planner Yvonne Hoffmaster, Deputy Controller Craig Phillips, City Planner 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 21, 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 (1). NAYS: None ( ). Motion Carries. AWARDING OF BIDS – 1 W. 4th Street Russ Hatfield, Code Enforcement addressed the Board recommending awarding the bid to J. Shoffner General Contractor, Inc. in the amount of $9,660.00. Vice-President Murphy made the motion to award the demolition of 1123 W. 8th Street to J. Shoffner General Contractor, Inc. in the amount of $9,660.00 who was the lowest most responsive bidder. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. AWARDING OF BIDS – Community Crossing Paving Program Charles “Spike” Peller, City Engineer addressed the Board explaining the bids were reviewed by Corporate Counsel Amber Lapaich; Jeff Deuitch, Human Rights; the Consulting Engineers; and himself, and they recommend awarding Divisions 1 (with Alternate), 2 (with Alternate), 3, 4, 5, 6 (with Alternate), 7, 8, and 10 to Rieth-Riley Construction in the amount of Regular Meeting – March 6, 2017 Page 2 $1,299,645.79; and award Division 9 (with Alternate) to Walsh and Kelly, Inc. in the amount of $43,882.60 further stating these are the lowest most responsive bidders for each division. Corporate Counsel Amber Lapaich stated that Rieth-Riley Construction transposed a number for Division 4, what was read as $183,526.93, the actual bid was $138,526.93; the correct amount was listed on the itemized proposal. Vice-President Murphy made the motion to award the bids for the 2017 Community Crossing Paving Program accordingly: Division 1 (with Alternate), 2 (with Alternate), 3, 4, 5, 6 (with Alternate), 7, 8, and 10 to Rieth-Riley Construction in the amount of $1,299.645.79; and Division 9 (with Alternate) to Walsh and Kelly, Inc. in the amount of $43,882.60. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. OPENING OF BIDS – Sale of City Owned Property – Nahas Street Corporate Counsel Amber Lapaich addressed the Board explaining the Board previously approved placing this parcel up for sale; letters were mailed to the adjacent property owner, two of the three letters came back as unclaimed; Counsel Lapaich checked the addressed with the La Porte County Auditor’s Office who confirmed the addresses were correct; one offer to purchase was received; Counsel Lapaich opened the one offer and it was as follows: Normanh & Tera Ramirez $2,000.00 Bid Virginia Keating made the motion to accept the bid from Normanh & Tera Ramirez in the amount $2,000.00 for the property on Nahas Street. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. POLICY RENEWAL – Charles Keene, General Insurance – Commercial Property and Casualty Renewal – Policy 1/ / to 1/ / 4 Charles Keene, General Insurance Services, 421 Franklin Street addressed the Board seeking approval and reviewing the 2017 Property and Casualty Renewal Policy; Mr. Keene briefly explained the coverages recommending remaining with Travelers Insurance Company; further explaining there is an increase of 2.67%; Mr. Keene explained that after a review of the City’s insurance program, there is a recommendation to increase the Cyber Liability Coverage from $1,000,000.00 further explaining what is covered under this policy. Vice-President Murphy made the motion to approve the Commercial Property and Casualty Renewal Policy term 03/01/2017 to 03/01/2018 in the amount of $620,120.00 annually; increasing the Cyber Coverage to $2,000,000.00 which would add $1,980.00 to the annual premium. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. REQUEST FOR PARADE PERMIT – Keith Harris, Remembering Our Veterans, Inc. is requesting a parade permit for Saturday, November >, to run on Franklin Street from th th Street to > Street with parade line beginning at : am – parade at : pm The following request was received in the City Clerk’s Office on February 17, 2017 by Keith Harris: Requesting to hold Veterans Parade on Saturday, November 4, 2017 with lineup beginning at 11:00 am. Parade to run from Franklin and 10th Streets north to 4th Street. Request Franklin Street to be closed from 11th Regular Meeting – March 6, 2017 Page 3 th th to 4 Street beginning at 11:30 am for the duration of parade and for 10 Street to be closed between Pine and Washington Streets for parade lineup. Keith Harris, 523 Tremont Street representing Remembering Our Veterans, Inc. addressed the Board asking for a parade permit as well as a street closure on Saturday, November 4, 2017 with the parade beginning at 12:00 pm at 10th and Franklin Streets; Mr. Harris advised the parade would proceed north on Franklin Street to 4th Street; line up would start around 11:00 am; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating Mr. Harris does an exceptional job organizing this event; advising there has never been any issues in the past; recommending approval. Virginia Keating made the motion to approve the request for a parade permit for Remembering Our Veterans, Inc. on Saturday, November 4, 2017, pending the receipt of the Certificate of Liability Insurance is received 30 days prior to the event. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. REQUEST FOR STREET CLOSURE – Keith Harris, Remembering Our Veterans, Inc. is requesting the closure of Franklin Street from th to >th Street on Saturday, November >, with the parade line up beginning at : am – parade at : pm Virginia Keating made the motion to approve the request for street closure for the closure of Franklin Street, 11th thru 4th Streets beginning at 11:30 am on Saturday, November 4, 2017 as well at 10th Street between Pine and Washington Streets for the line-up with the line up beginning at 11:00 am – parade to start at 12:00 pm. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. REQUEST TO HOLD WALK/RUN – Lisa Sharp, Dunebrook, Inc. >@ W. Johnson Rd. is requesting a walk/run on Friday, April , at @: pm to recognize April as Child Abuse Prevention and Awareness Month, starting at Ames Field proceeding to Al’s Supermarket parking lot for a short speech then returning to Ames Field The following request was received in the City Clerk’s Office on March 1, 2017 by Lisa Sharp: Dear Mr. Janus- It is that time of year again, and I am writing on behalf of Dunebrook to ask for permission to hold our annual Walk Against Child Abuse Prevention and Awareness Month, and we thought an awareness walk would kick off our April Events in a positive way. We plan to start at Ames Field, and walk south on the sidewalks down Franklin St. to Al’s parking lot, where we will have a speaker. After a short time, 15-20 minutes, where we will have a speaker. After a short time, 15-20 minutes, we will walk back up Franklin Street to Ames where the walk will end. We will be requesting police escorts, who have in the past, blocked traffic on the side streets. This helps to keep all of us together, and makes the walk go faster. As usual, we have no idea how many people to expect, but in the past have had as many as 120 walkers. If you or any other board members have questions, I would be happy to meet with you to answer them, or you are welcome to email or call me at Dunebrook at 874-0007 ext. 309. I look forward to your answer and invite to join us that evening if you wish. We plan to walk rain or shine, as child abuse does not stop for inclement weather. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating this is a well- organized annual event; advising there are actually no road closures, the sidewalks will be used; one office will be utilized to assist with crossing at the intersections; recommending approval. Regular Meeting – March 6, 2017 Page 4 Vice-President Murphy made the motion to approve the request to hold a walk/run event for Dunebrook, Inc. on Friday, April 7, 2017 at 5:00 pm for Child Abuse Prevention and Awareness Month subject to the correct Certificate of Liability Insurance being provided to the City Clerk’s Office. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. REQUEST FOR RAILROAD CROSSING CLOSURE – Kevin Dywan, NICTD is requesting the following railroad crossing be closed: th/ th Street from August -September 4, , School Street from July 1 -August @, The following request was received in the City Clerk’s Office on January 31, 2017 by Kevin Dywan: Track and asphalt surface replacement. Intersections seeking closure for event: 10th Street: Willard Avenue to Kentucky Street; 11th Street: Franklin Street to Lafayette Street; School Street/ NICTD grade crossing (July 31, 2017-August 5, 2017) Kevin Dywan, Engineer Tracking Specialist for NICTD South Shore Line addressed the Board stating NICTD is looking to replace the tracks and crossing materials at three (3) separate locations listed; asking for approval. Craig Phillips, City Planner addressed the Board stating there were no concerns. Vice-President Murphy made the motion to approve the request for railroad crossing closure: School Street from July 31-August 5, 2017; 10th Street: Willard Avenue to Kentucky Street and 11th Street: Franklin Street to Lafayette Street from August 7-September 8, 2017. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. VENDOR LICENSE – Raheem Walton, owner of Raheem Prepares Chicken & Waffles is requesting a Mobile Food Vendor License to be located at Brandt’s Old Fashion Feed and Pet Store Raheem Walton, owner of Raheem Prepares Chicken & Waffles addressed the Board for permission to obtain a vendor license; Mr. Walton has received permission from Brandt’s Old Fashion Feed and Pet Store to operate at this location; advising hours of operation would be weekends starting at 11:00 am to 5:00 pm approximately. Corporate Counsel Amber Lapaich stated the only thing that needs to be corrected and explained the Board could conditionally approve the request subject to receiving the correct Certificate of Liability Insurance; further explaining the Certificate Holder is listed as Ross Township Trustee and it should be The City of Michigan City and the application is for the Independence Day Festival which needs to be changed to the City of Michigan City. Vice-President Murphy made the motion to approve the vendor license for Raheem Walton owner of Raheem Prepares Chicken & Waffles pending the correct Certificate of Liability Insurance is received in the City Clerk’s Office naming the City of Michigan City as an additional insurer. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. SOFTWARE SERVICE AGREEMENT – Software Service Agreement between the City of Michigan City and Tyler Technologies Regular Meeting – March 6, 2017 Page 5 Corporate Counsel Amber Lapaich addressed the Board asking to TABLE this request until the March 20, 2017 meeting. Discussion ensued between Vice-President Murphy and Counsel Lapaich regarding concerns about timing on getting this agreement approved and sign; Counsel Lapaich stated that Attorney Meyer is working on this with Counsel Lapaich; Counsel Lapaich does not feel comfortable approving this agreement subject to final review; advising if it is time sensitive a special meeting can be called. Vice-President Murphy made the motion to TABLE this request until the meeting on March 20, 2017 or a special meeting if needed. The motion was seconded by Virginia Keating and carried as follows AYES: MEMEBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. ALCO AGREEMENT AMENDMENT – Amendment to the Third Extension between the City of Michigan City and access La Porte County (ALCO) Agreement for Government Access Channel Programming (Channel F ), Public Access Channel Programming (Channel FF) and Public Access Studio Corporate Counsel Amber Lapaich addressed the Board stating the Common Council approved an additional appropriate to assist ALCO in the increase with their annual contract with the City due to additional expenses ALCO was incurring; advising the Council funded $41,000.00; further advising this amendment would increase the contract amount from $99,000.00 to $140,000.00. Virginia Keating made the motion to approve the amendment to the ALCO agreement to change the amount from $99,000.00 to $140,000.00 for the contract life. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. REQUEST TO SOLICIT BIDS – Charles Peller, City Engineer is requesting to solicit bids for the Pavement Marking Project Charles “Spike” Peller, City Engineer addressed the Board requesting to TABLE this request until the March 20, 2017 meeting. Vice-President Murphy made the motion to TABLE the request to solicit bids for the 2017 Pavement Marking Project until the March 20, 2017 meeting. The motion was seconded by Virginia Keating and carried as follows AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. REQUEST TO SOLICIT BIDS – Charles Peller, City Engineer is requesting to solicit bids for the Pavement Crack Sealing Project Charles “Spike” Peller, City Engineer addressed the Board explaining this is for crack sealing on Michigan Boulevard and Franklin Street; further stating Mr. Zondor’s crew does not feel comfortable with the work on these two street because of traffic control and such; asking for approval. Vice-President Murphy made the motion to approve the request to solicit bids for the 2017 Pavement Crack Sealing Project. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. Regular Meeting – March 6, 2017 Page 6 REQUEST TO SOLICIT BIDS – Charles Peller, City Engineer is requesting to solicit bids for the City Wide Sidewalk Repair Project Charles “Spike” Peller, City Engineer addressed the Board explaining this is an “On Call” solicitation; advising it is the same as last year and it worked out very well; asking for approval. Virginia Keating made the motion to approve the request to solicit bids for the 2017 City Wide Sidewalk Repair Project. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. REQUEST TO SOLICIT BIDS – Charles Peller, City Engineer is requesting to solicit bids for the City Wide Pavement Repair Project Charles “Spike” Peller, City Engineer addressed the Board explaining it is an “On Call” solicitation; further explaining this is new for this year; asking for approval. Virginia Keating made the motion to approve the request to solicit bids for the 2017 City Wide Pavement Repair Project. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. LEASE AGREEMENT – Lease Agreement between the City of Michigan City and The American Red Cross for the building located at 1 Warren Road (NOTE: TABLED at the February , meeting) Virginia Keating made the motion to remove the Lease Agreement off the TABLE. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board that she has not heard anything new from The American Red Cross regarding the building; Counsel Lapaich will check with The American Red Cross in Washington DC to find out the status of repairs and when the Inspection Department can go back to inspect the building; asking to place this request on the Pending Items List. Vice-President Murphy made the motion to place the Lease Agreement between the City of Michigan City and the American Red Cross for the building located at 113 Warren Road on the Pending Items List. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. FORMAL PUBLIC HEARING – Demolition hearing of @ 4 Holiday, Vail and Vail Streets – Richard Charles Shelton, Ashy Mohamed (Formal Public Hearing Continued from February , Regular Meeting) Russ Hatfield, Code Enforcement Officer addressed the Board with the accomplishments at 508 Holiday, 201 Vail and 207 Vail Streets; Mr. Hatfield stated he is very happy with what has been completed; further asking to continue the hearing for another 30 days. Vice-President Murphy made the motion to continue the Formal Public Hearing until the April 3, 2017 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. Regular Meeting – March 6, 2017 Page 7 REQUEST FOR STREET CLOSURE – Craig Phillips, Director of the Redevelopment Commission requesting for a partial closure of th Street between Franklin and Washington Streets for sampling and removal of oil/liquid from the underground storage tank on the south side of the street. The following request was received in the City Clerk’s Office on March 3, 2017 by Craig Phillips: Request for partial closure of 7th Street between Franklin & Washington for sampling and removal of oil/liquid from underground storage tank on south side of street Craig Phillips, Director of Redevelopment Commission addressed the Board explaining this is to removal some liquid in an underground storage tank on the corner of 7th and Washington Streets; further explaining this will be a temporary closure of just the parking spaces on the south side of 7th Street; asking for approval. Virginia Keating made the motion to approve the request for partial closure of 7th Street between Franklin and Washington Street either the week of March 6, 2017 or March 13, 2017 for the purpose of sampling and removal of oil/liquid from an underground storage tank on the south side of 7th Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: None ( ). Motion Carries. MICHIGAN CITY POLICE PHYSICAL FITNESS TESTING – Sgt. Chris Yagelski is announcing MCPD Spring Physical Fitness training will be conducted on our Police Grounds here at the Michigan City Police Department on E. Michigan Blvd. This test will take place on Tuesdays and Wednesdays beginning on Tuesday April >th thru Wednesday April th at : am and :1 pm (INFORMATIONAL PURPOSES ONLY) 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 (1). NAYS: None ( ). 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 of 1 03/01/2017 $206,330.49 of 03/03/2017 $387,715.01 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: Regular Meeting – March 6, 2017 Page 8 Page Date Amount 1 of 2 03/02/2017 $1,017,539.55 1 of 1 03/02/2017 $70.16 UNFINISHED BUSINESS Cook Street Russ Hatfield, Code Enforcement Officer addressed the Board explaining the next step is Notice to Bidders; Mr. Hatfield would like to have time to speak with Attorney Lapaich regarding this property due to uncommon issues. Demolitions Virginia Keating stated back in September 2016 Mr. Hatfield provided the Board with list of possible 35 demolitions; Ms. Keating asked Mr. Hatfield to provide the Board with an updated list of demolitions. 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 9:25 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 (1). NAYS: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk