Board of Public Works & Safety

REGULAR MEETING – April 3, 2017 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, April 3, 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: Amber Lapaich, City Attorney Russ Hatfield, Code Enforcement Sue Downs, Code Enforcement Aaron Borngraber, Associate City Planner Charles “Spike” Peller, City Engineer Chief Mark Swistek, M.C.P.D. Craig Phillips, City Planner Kalon Kubik, Administrator Bob Zondor, Superintendent Central Services Skylar York, Assistant City Planner Michael Kuss, General Manager, Sanitary District Chief Randy Novak, M.C.F.D. Mayor Ron Meer 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 March 20, 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. OPENING OF BIDS – 2017 City Wide Pavement Repair Project President Janus asked if anyone present wished to submit a bid at this time, there was no response. Vice-President Murphy made the motion to close the acceptance of bids for the 2017 City Wide Pavement Repair Project. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich stated there were two (2) bids and they were as follows: Regular Meeting – April 3, 2017 Page 2 Walsh and Kelly, Inc. $147,800.00 Base Bid Rieth-Riley Construction Co., Inc. $ 53,665.00 Base Bid Vice-President Murphy made the motion to refer the bids for the 2017 City Wide Pavement Repair Project to the City Engineer, Human Rights Director and City Attorney for review and tabulation and report back at the April 17, 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. OPENING OF BIDS – 2017 Pavement Crack Sealing Project President Janus asked if anyone present wished to submit a bid at this time, there was no response. Vice-President Murphy made the motion to close the acceptance of 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 (3). Corporate Counsel Amber Lapaich stated there were two (2) bids and they were as follows: Rieth-Riley Construction Co., Inc. $133,600.00 Base Bid American Pavement Solutions $ 57,304.00 Base Bid Vice-President Murphy made the motion to refer the bids for the 2017 Pavement Crack Sealing Project to the City Attorney, Human Rights and City Engineer for review and tabulation and report back at the April 17, 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. OPENING OF BIDS – 2017 City Wide Sidewalk Repair Project President Janus asked if anyone present wished to submit a bid at this time, there was no response. Vice-President Murphy made the motion to close the acceptance of bids for the 2017 City Wide Sidewalk Repair Project. The Motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich stated there were three (3) bids and there were as follows: Woodruff & Sons $134,249.10 Base Bid Rieth-Riley Construction Co., Inc. $121,515.00 Base Bid Walsh & Kelly, Inc. $201,340.00 Base Bid Vice-President Murphy made the motion to refer the bids of the 2017 City Wide Sidewalk Repair Project to the City Attorney, Human Rights and City Engineer for review and tabulation and report back at the April 17, 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. Regular Meeting – April 3, 2017 Page 3 AWARDING OF BIDS – 2017 Village Green Rehabilitation Project Phase 2 Jeff Oltmanns, Global Engineering addressed the Board recommending award the 2017 Village Green Rehabilitation Project Phase 2 bid to Rieth-Riley Construction for base bid and alternate A and C for the total price of $684,413.42. Vice-President Murphy made the motion to award the 2017 Village Green Rehabilitation Project Phase 2 to Rieth-Riley Construction for base bid and alternate A and C in the amount of $684,413.42. 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 – 2107 Fuel – Unleaded & Diesel Corporate Counsel Amber Lapaich addressed the Board stating she has reviewed the bids; advising there were five (5) bids received; three (3) of them are appropriate and have returned the correct paperwork, two (2) did not; the two (2) that are inappropriate and should be excluded as nonresponsive are Al Warren Oil Co. Inc. and Lykins, both failed to submit appropriate paperwork that was required; further advising the correct vendors who are responsive are Petroleum Traders, Co-Alliance and Knoll Bros. Inc.; also explaining the contract is a for a year and a half, it will finish off this year and go into next year. Virginia Keating made the motion to approve the contract with Petroleum Traders, Co-Alliance and Knoll Bros., Inc. for the 2017 Unleaded & Diesel Fuel and the term of the contract is to be one and a half years. 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 RE-SEED – Michael Kuss, General Manager Sanitary District is requesting to re-seed parkway along Michigan Boulevard The following request was received in the City Clerk’s Office on March 27, 2017 by Michael Kuss: Please add me on the meeting agenda for re-seeding the parkway on Michigan Blvd. There are many bare spots where grass is no longer growing, and these landscaped areas need immediate attention. The District is willing to conduct the work, the District may need BOW approval and reimbursement for the cost of the grass seed and other materials necessary to complete this task. Michael Kuss, General Manager Sanitary District addressed the Board explaining there are some areas between the sidewalk and the streets that are called “parkways” that have no grass growing at all in the phase 1 section especially, this is from Roeske Ave to US Hwy 12; Mr. Kuss stated he was hoping the Sanitary District could take this on as a special project and work with Amanda Glanz the City Forrester; asking for approval. Discussion ensued between Michael Kuss, Counsel Lapaich and Vice-President Murphy regarding the work that will be performed and the cost efficiency of hiring this out as to having the Sanitary District perform this task, asking for approval to have the Sanitary District perform the work and BOW pay for the materials. Vice-President Murphy made the motion to allow the Sanitary District to re-seed where needed on the parkways of Michigan Boulevard from Roeske Ave to US Hwy 12 and provide funds necessary for materials. The motion was seconded by Virginia Keating and carried as Regular Meeting – April 3, 2017 Page 4 follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Eric Camel, Saint Joseph Young Men’s Society, is requesting the closure of Tilloston Street from Franklin to Washington Streets for their annual festival on June 30 –July 2, 2017 The following request was received in the City Clerk’s Office on March 27, 2017 from Eric Camel: St. Joseph Young Men’s Society Inc. would like to request Tillotson Street be closed from Franklin St. to Washington St. the three (3) days of our festival which is being held on June 30, July 1 st and 2nd, 2017. In addition to Tillotson St. being closed, we are requesting the north sidewalk of Tillotson to also be closed during that time. We have attached a proof of insurance to this request for the City’s files. Chief Mark Swistek, M.C.P.D. addressed the Board stating there were no objections as this is an annual event. Corporate Counsel Amber Lapaich stated that the insurance is not correct; Mr. Camel is aware and will be providing the City with a corrected Certificate of Insurance. Vice-President Murphy made the motion to approve the closure of Tillotson Street from Franklin to Washington Streets for this annual festival on June 30, July 1 and 2, 2017 contingent on a corrected Certificate of Insurance being received by the City Clerk’s Office. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Jackie Rowley, Northwest Athletic Club Race Director, is requesting street closures for the Dyngus Day 5k Dash to be held on Monday, April 17, 2017 from 6:00 pm – 8:00 pm The following request was received in the City Clerk’s Office on March 22, 2017 from Jackie Rowley: The Northwest Athletic Club is hosting our Annual Dyngus Day Dash 5k. We are requesting road closures for this event on Monday, April 17, 2017 6:00-8:00 pm. We have already contacted Captain Steven Jesse of the Michigan City Police Department and he is on board with this request. We will also be contacting the Michigan City Board of Works for their approval of the route and for their given consent to shut down the requested roads for the race. Upon approval from the La Porte County Board of Commissions, we are requesting the following road closures for the Dyngus Day Dash. Race Route, Monday, April 17, 2017-Start Line (at NAC 301 W. Kieffer Road) to Kieffer Road, Kieffer Road to Hitchcock Road, Turnaround at the Weatherstone entrance (Cobblestone Boulevard), Back up Hitchcock Road to Kieffer Road, Kieffer Road back to finish line (at NAC 301 W. Kieffer Road). Chief Mark Swistek, M.C.P.D. addressed the Board stating there are no objections with this event. Corporate Counsel Amber Lapaich stated that the insurance was fine for the event; advising the only thing Counsel Lapaich would note is in the application alcohol will be served. Chief Mark Swistek, M.C.P.D. clarified the only thing that will take place on the city streets is the run itself, the alcohol will be served off site and an off duty officer is normally hired. Vice-President Murphy made the motion to approve the request for street closures for the Dyngus Day 5k Dash on Monday, April 17, 2017 from 6:00 – 8:00 pm. The motion was Regular Meeting – April 3, 2017 Page 5 seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Jackie Rowley, Northwest Athletic Club Race Director, is requesting street closures for the City by the Lake Triathlon to be held on Friday, August 11 and Saturday, August 12, 2017 The following request was received in the City Clerk’s Office on March 29, 2017 from Jackie Rowley: The Northwest Athletic Club, along with the Michigan City Parks and Recreation Department, is hosting our 8 th Annual City by the Lake Triathlon on Friday, August 11 and Saturday, August 12, 2017. The City by the Lake Triathlon is requesting the closure of roads for this event on Friday from 5 pm – 6:30 pm and Saturday from 8 am to 11 am. We have already contacted Captain Steven Jesse of the Michigan City Police Department and he is on board with this request. We will also be contracting Chief Sulkowski of the Long Beach Police Department and the Long Beach Town Council for their approval of the routes and for their given consent to shut down the requested roads for the race. The 8th Annual City by the Lake Triathlon has already been approved by the Michigan City Park Board. Chief Mark Swistek, M.C.P.D. addressed the Board stating there were no objections to this annual event, recommending approval. Corporate Counsel Amber Lapaich stated the insurance provided is not correct; advising the dates of the event that are listed on the Certificate of Insurance are incorrect. Vice-President Murphy made the motion to approve the street closure for the City by the Lake Triathlon annual event to be held Friday, August 11 th and Saturday, August 12th, 2017 contingent on the submission of a Certificate of Insurance with the correct dates being received by the City Clerk’s Office. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CORRESPONDENCE RECEIVED – Correspondence received from Steven Travis, Amereco Engineering, regarding the demolition project at 701-705 Franklin Street The following correspondence was received in the City Clerk’s Office on March 29, 2017 from Steven Travis: As part of the demolition of 701-705 Franklin Street, we are proposing to temporarily close West 7 th Street between Washington and Franklin Streets. The road closure will be necessary to accommodate demolition equipment. The demolition will likely take 2-3 months commencing in May 2017. This includes temporarily closing the sidewalks along the west side of Franklin Street and south side of West 7 th Street. In addition to the temporary street/sidewalk closure we will also be permanently closing/removing the alley located along the west side of the buildings. A site plan depicting the scope of work, site security fencing and closures is included. Steven Travis, 54 Michigan Boulevard, Valparaiso addressed the Board explaining the request; further explaining the project is in the process of bidding out the project, so the awarded contractor will submit proof of insurance; Mr. Travis further explained the parking spaces in front of 701-705 Franklin Street is what would be affected as far as any closure on Franklin Street. Craig Phillips, City Planner addressed the Board explaining he wanted to do this as a courtesy as this is a big project and wanted the Board aware that the project is coming; further explained to expected that mid-May, is when activity is likely to be seen. Regular Meeting – April 3, 2017 Page 6 Discussion ensued between Craig Phillips and President Janus regarding the closure of the alley behind 701-705 Franklin Street. Vice-President Murphy made the motion to approve the necessary closures per the demolition plans for 701-705 Franklin Street which will include intermittent closures of West 7 th Street from Franklin to Washington Streets; closure of the alley behind 701-705 Franklin Street along with sidewalk and parking closures as deemed necessary per the demolition plan pending the final dates of demolition. 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 – Bob Zondor, Superintendent Central Service, is requesting to solicit bids for the 2017 Tandem Dump Truck Bob Zondor, Superintendent Central Services addressed the Board asking permission to solicit bids for the 2017 Capital Project, already approved by the Mayor and City Council; asking the Board for approval. Virginia Keating made the motion to approve the solicitation of bids for the 2017 Tandem Dump Truck. 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 SOLICIT BIDS – Charles Peller, City Engineer, is requesting to solicit bids for 2017 Pavement Replacement Project at Fire Stations 3 & 4 Charles “Spike” Peller, City Engineer addressed the Board explaining this was before the Board last year however, bids came in overpriced; asking for permission to solicit bids. Vice-President Murphy made the motion to solicit bids for the 2017 Pavement Replacement Project at Fire Stations 3 & 4. 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 – Charles Peller, City Engineer, is requesting to solicit bids for the 2017 Pavement Marking Project Charles “Spike” Peller, City Engineer asked the Board to keep this request TABLED until the May 1, 2017 meeting. ENGINEERING SERVICES CONTRACT – Contract between the City of Michigan City and Ciorba Group, Inc. for professional engineering services regarding Old Grand Beach Road Charles “Spike” Peller, City Engineer addressed the Board explaining that the culvert under Old Grand Beach Road is leaking, explaining it needs to be fixed before the road is resurfaced; asking to have someone of Mr. Yacullo’s expertise representing the City; asking for approval. Virginia Keating made the motion to approve the Engineering Services Contract between the City of Michigan City and Ciorba Group for professional engineering services, this is an on call agreement, however, the Old Grand Beach Road project at a project cost not to exceed $8,873.10 is approved today. Future projects may be, performed under this contract subject to all mandated approval procedures being followed. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – April 3, 2017 Page 7 PROFESSIONAL SERVICE AGREEMENT – Professional Service Agreement between the City of Michigan City and Kendig Keast Collaborative for the Michigan City Comprehensive Plan Contract Craig Phillips, City Planner addressed the Board explained this is a City Wide Master Plan project; advising the last Master Plan was in conjunction with the county in 2008-2009 and it is recommended the Master Plan be updated every 5-10 years; further advising Michigan City has not had its own Comprehensive Plan since the 80’s; Mr. Phillips explained the plan will suggested where to make improvement to road ways, pedestrian improvements, housing, public facilities to name a few; asking for approval. Corporate Counsel Amber Lapaich added it will take 14-18 months to complete the project; and will not exceed $352,000.00; advising there are insurance requirements so a certificate of insurance will be provided to the City. Vice-President Murphy addressed his pleasure that this project has come before the board and how it can assist the City in receiving State and Federal Grants. Vice-President Murphy made the motion to approve the Professional Service Agreement between the City of Michigan City and Kendig Keast Collaborative for the Michigan City Comprehensive Plan Contract. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AMENDMENT – Amendment #1 to design phase agreement between National Railroad Passenger Corporation and the City of Michigan City (Singing Sands Lighthouse Trail – Phase 1) Craig Phillips, City Planner addressed the Board explaining with the ongoing effort to build the first phase of the Singing Sands Trail; advising the City is currently working with Amtrak on the crossing at US 12 by the outlet mall; further advising a component was recently added and one component was deducted, asking for approval. Virginia Keating made the motion to approve Amendment #1 to the design phase agreement between National Railroad Passenger Corporation and the City of Michigan City (Singing Sands Lighthouse Trail – Phase 1) being an increase of $10,428.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. MEMORANDUM OF AGREEMENT – Memorandum of Agreement between the United States Department of the Interior National Park Service and the City of Michigan City for mutual assistance within the adjacent to the park’s boundaries Chief Mark Swistek, M.C.P.D. addressed the Board explaining this is a five (5) year agreement for mutual aid law enforcement services; asking for approval. Vice-President Murphy made the motion to approve the Memorandum of Agreement between the United States Department of the Interior National Park Service and the City of Michigan City for mutual assistance with the areas adjacent to the park’s boundaries. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – April 3, 2017 Page 8 ANNUAL PHYSICAL – Michigan City Police Department and Workforce Health have an Agreement to do their 2017 Exams (For Informational Purposes Only) Corporate Counsel Amber Lapaich addressed the Board stating the Board needed to approve the physical exam components and the representative amounts. Chief Mark Swistek, M.C.P.D. addressed the Board that it is the same provider as last year and it will not exceed the amounts outlined by the personnel office as to the benefits available to each employee; asking for approval. Virginia Keating made the motion to approve the request for the annual physical exam and related components at the cost itemized on the document for the 2017 physical exam for the Michigan City Police Department. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. ANNUAL PHYSICAL – Michigan City Fire Department and Public Safety Medical Service have an agreement to do their 2017 physical exams (For Informational Purposes Only) Chief Randy Novak, M.C.F.D. addressed the Board explained there is a small increase; explaining the increase is in testing procedure for TB, the TB blood test procedure will now be to place the test under your arm and read the test results three (3) days later. This testing protocol is more accurate; asking for approval. Vice-President Murphy made the motion to approve the agreement between the Michigan City Fire Department and Public Safety Medical Service to do the 2017 physical exams. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. FORMAL PUBLIC HEARING – Demolition hearing for 508 Holiday, 201 Vail and 207 Vail – Ashy Mohamed (NOTE: Formal Public Hearing continued from March 6, 2017 Regular Meeting) Russ Hatfield, Code Enforcement Officer addressed the Board explaining he was informed the property has been sold and the new owner was not informed the property was under orders to demolish; advising the new owners did not do their homework and a title search; Mr. Hatfield asked that this be continued for two more weeks to speak with the new owner. Discussion ensued between Counsel Lapaich and Russ Hatfield regarding the orders to demolish being recorded at the Recorders Office and if the new owners would have done their homework, they would have known this. Vice-President Murphy made the motion to continue the demolition hearing of 508 Holiday, 201 Vail and 207 Vail till the April 17, 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. 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 Regular Meeting – April 3, 2017 Page 9 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 8 03/31/2017 $607,479.79 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 03/31/2017 $242,387.58 1 of 1 04/05/2017 $10,502.66 UNFINISHED BUSINESS Demolitions Russ Hatfield, Code Enforcement Officer updated the Board on the some of the previous approved demolitions; 1123 W. 8th Street is almost completed; 407 Vail Street will be starting no later than April 4, 2017; 1125 W. 8th Street will follow 407 Vail Street. 210 Cook Street Russ Hatfield, Code Enforcement Officer addressed the Board explaining he is still reviewing this before the bid packet is put together as this property is unique. Lease Agreement between the City of Michigan City and the American Red Cross Corporate Counsel Amber Lapaich addressed the Board explaining she has spoken to the Red Cross, repairs are still being made and will probably go into May, once Inspection looks at the building the City will look at accepting the donation and entering in the lease agreement, asking this be removed from the Pending Items last as the paperwork will need to be redone as the dates are wrong. Virginia Keating made the motion to remove the Lease Agreement between the City of Michigan City and the American Red Cross off the Pending Items list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. PUBLIC COMMENT President Janus asked if there were any Public comments at this time, there was no comment. Regular Meeting – April 3, 2017 Page 10 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 9:24 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