Board of Public Works & Safety

REGULAR MEETING – August , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, August 7, 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 and Virginia Keating (2) Absent: Rich Murphy A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Charles “Spike” Peller, City Engineer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Arbar Himaj, Sanitary District Sue Downs, Code Enforcement Joe Plunk, Code Enforcement Liz Sonderby, Mayor’s Office Aaron Borngraber, Associate Planner Skyler York, Assistant Planner Craig Phillips, Planning Director Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of July 17, 2017 and the Special meeting of July 25, 2017. Virginia Keating made the motion to approve the minutes from the July 17, 2017 Regular meeting and Special meeting of July 25, 2017. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: None ( ). Motion Carries. OPENING OF BIDS – Cook Street President Janus asked if there was anyone present who wished to submit a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the demolition project at 210 Cook Street. The motion was seconded by President Janus and carried as follows: AYES: Members Janus and Keating ( ). NAYS: None ( ). Motion carries. Regular Meeting – August 7, 2017 Page 2 Corporate Council Amber Lapaich addressed the Board stating three (3) bids were received and are as follows: Actin Contracting, LLC $17,000.00 Chem Check, Inc. $16,900.00 J. Shoffner General Contractor $14,400.00 Rich Murphy, Vice President entered the Chambers and was noted present. Virginia Keating made the motion to refer 210 Cook Street bids to the Legal Department and Code Enforcement Officer for their review, tabulation and recommendation to be reported at the next meeting. The motion was seconded by Rich Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (6). NAYS: None ( ). Motion carries. AWARDING OF BIDS – Aerial Bucket Truck Corporate Counsel Amber Lapaich addressed the Board stating the information submitted has been reviewed and the recommendation is to award the bid to Lake Shore Ford, who is the lowest most responsive bidder in the amount of $108,118.00. Virginia Keating made the motion to award the aerial bucket truck to Lake Shore Ford, who is the lowest most responsive bidder in the amount of $108,118.00. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). AWARDING OF BIDS – Demolition of 9 Walker Street Corporate Counsel Amber Lapaich addressed the Board stating the information submitted has been reviewed and the recommendation is to award the bid to J. Shoffner General Contractor, Inc., who is the lowest most responsive bidder in the amount of $12,500.0. Virginia Keating made the motion to award the demolition of 215 Walker Street to J. Shoffner General Contractor, Inc., in the amount of $12,500.00 The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). AWARDING OF BIDS – Sale of Surplus Vehicles Corporate Counsel Amber LaPaich addressed the Board stating the information submitted has been reviewed on the 2017 Surplus Vehicles and are to be awarded to the following: 1. 2001 Dodge 4 X 4 pickup truck $650.00 John VanProuyen 2. 1991 Pierce Snorkel Fire Truck $1,550.00 John VanProuyen 3. 2004 Ford Expedition $450.00 John VanProuyen 4. 2004 Chevy Impala $202.00 Koddy Kubik 5. 2002 Chevy Impala $119.00 Ace Auto 6. 1997 GMC Savana $359.00 Ace Auto Regular Meeting – August 7, 2017 Page 3 7. 2000 ½ Ton Chevy S10 pickup $222.00 Greg Szabo 8. 2000 GMC 3500, 1 Ton $650.00 Robert Taylor - Prestige 9. 1998 Dodge 1500 ST Pickup $350.00 Robert Taylor – Prestige 10. 2004 Chevy Impala LS $350.00 John Vanprouyen 11. 1999 Sterling Leach Packer $669.00 Ace Auto 12. 2004 Impala $202.00 Koddy Kubik Counsel LaPaich addressed the Board advising Ace Auto was awarded the 2002 Chevy Impala and 1997 GMC Savan and these were not awarded to David Farmer due to Mr. Farmer’s being non responsive in that he did not sign a non-collusion affidavit and also did not provide the security in the form of a certified check or money order. Virginia Keating made the motion to accept Corporate Council Amber Lapaich’s tabulations and recommendations regarding the sale of the 2017 Surplus Vehicles. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (6). NAYS. None ( ). Motion carries. LICENSE AGREEMENT – National Railroad Passenger Corporation (Amtrak) License Agreement with the City of Michigan City for the Singing Sands Trail Corporate Counsel Lapaich addressed the Board explaining this is a License Agreement between the City and Amtrak; previously the City entered into a design agreement where Amtrak would review a design of the trail that would be going over their crossing; this license agreement then would allow us to effectuate that design and place the trail over their property. This license will automatically renew each year until someone gives notice of non- renewal; advising there is a license fee ($2,250.00) each year for the first five years; subsequently the license fee will increase pursuant to the consumer price index for every five years thereafter; and that there is a special endorsement needed through our insurance. Charlie Keene, General Insurance Services, 421 Franklin Street, addressed the Board stating several reason why the City needs the special endorsement/insurance for the license being proposed between the City and Amtrak. Virginia Keating made the motion to approve the insurance endorsement; those being the contractual liability at $150.00 annual premium and the notice of cancellation on renewal to additional insured at the premium of $150.00 annually. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. Vice President Murphy made the motion to adopt the License Agreement between the National Railroad Passenger Corporation (Amtrak) and the City of Michigan City for the Singing Sands Trail. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (6). NAYS: None ( ). REQUEST FOR STREET CLOSURE – Jennifer DePalma, Marquette Catholic High School, is requesting the closure of th Street between Wabash and Ohio Streets on Friday, August 9, from 9: to <: p.m. with additional time required for setup/cleanup for their Annual Block Party Regular Meeting – August 7, 2017 Page 4 Lt. Jeff Loniewski – MCPD Traffic Division addressed the Board advising this is an annual request and have never had any problems; recommending the Board’s approval. Vice President Murphy made the motion to approve the request for street closure on August 25, 2017 at 10th Street between Wabash and Ohio Streets for Marquette Catholic High School’s “Annual Block Party”. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. Corporate Council Lapaich advised the approval does not include the picnic tables or garbage cans they also asked for; just the street closure. REQUEST TO USE CITY HALL PARKING LOT – Janet Bloch, Executive Director, Lubeznik Center for the Arts is requesting to use the City Hall back parking lot on Friday, August <, at <: a.m. through Sunday, August , at <: p.m. for their staff parking during their Art Festival Janet Bloch, Executive Director of the Lubeznik Center for the Arts stated she had spoke with Mayor Meer and Kesha Pate; that the Mayor advised her that she would have to address the Board to get approval; that the Mayor didn’t have any problem with them using any space available in the City Hall Employee parking lot that was empty during their event; asking for her request to be approved. President Janus also spoke with the Mayor; advising if approved they would be able to use any empty parking spaces in the employee parking lot; especially on Friday when City Hall is open. Vice President Rich Murphy made the motion to approve Ms. Bloch’s request to use the City Hall employee parking lot during their event. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. REQUEST FOR STOP SIGN REPLACEMENT – Johnny Stimley, Zoological Society President, is requesting to replace the Stop Sign at the entrance of the zoo and replace it with an animal holding the stop sign (Zoological Society will pay for sign) Johnny Stimley, 401 Franklin Street, addressed the Council advising the Zoological Society requests the placement of the portable stop sign that is being used in front of the Zoo when they are open with an animal that will still be portable holding the stop sign in front of the zoo entrance. Charles “Spike’ Peller, City Engineer stated he spoke with the City’s Traffic Engineer; advising the Board members a rendering/shop drawing of the animal (size, weight, etc.) holding the stop sign is needed for the Board to review. Mr. Stimley stated he would get that information for the Board members and work with Mr. Peller regarding this matter. Vice President Murphy stated he likes the idea of the new sign; that it’s creative and a fun replacement idea and that he would like to see this move forward. Regular Meeting – August 7, 2017 Page 5 Rich Murphy made the motion to refer the request to replace the stop sign in front of the entrance to the Zoo to Charles “Spike” Peller, City Engineer; putting this on the pending list. REQUEST FOR BURN PERMIT – Tony Sadowski, Frank & Edward Skwiat Post C9 is requesting a burn permit for their Annual Flag Disposal Program on Saturday, October C, starting at : p.m. Corporate Counsel LaPaich questioned why this request is in front of this Board; that burn permits are issued by the Fire Department; advising she sent an email to Fire Chief Novak regarding this matter. Vice President Murphy made the motion to refer the burn permit request to Chief Randy Novak, Michigan City Fire Department. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. REQUEST TO UTILIZE CITY SIDEWALKS – Leigh Coburn, representing Homeward Bound is requesting to utilize City sidewalks for the Annual Sidewalk Shopping Cart Walk on Saturday, September 6, from : a.m. to :6 p.m. Lt. Jeff Loniewski, MCPD Traffic Division, stated this was an annual event; that last year they stayed on the sidewalks and there is no request for street closures; recommending approval of this event. Vice President Rich Murphy made the motion to approve the request to utilize the sidewalks for the Homeward Bound Annual Sidewalk Shopping Cart Walk on Saturday, September 23, 2017 from 11:00 a.m. to 12:30 p.m. The motion was seconded by Virginia Keating and carried as follows: AYES: Members Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. REQUEST FOR LANE CLOSURE – Richard Christensen, Acuity Environmental Solutions is requesting the closure of the center lane of Franklin Street just north of Brinkman Street to collect groundwater samples. Charles “Spike” Peller, City Engineer addressed the Board stating Franklin Street is a five lane street and this company is requesting to close the center turning lane to collect groundwater samples; stating he has no objection to their request. Charles “Spike” Peller, City Engineer advised Mr. Murphy that this request is not a City project; that the Family Express is requesting this test to be conducted to make sure there is no pollution. Vice President Murphy made the motion to approve the request to close the center turning lane to collect ground water samples. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. Regular Meeting – August 7, 2017 Page 6 REQUEST FOR ROAD CLOSURE – Michael Micka, Holladay Construction Group, is requesting a road closure during the installation of their sanitary sewer on Cleveland Avenue for three (6) days Mike Micka representing Holladay Construction Group and Mike Eaton from Delta III, contractor for this project addressed the Board advising they are building a new building off Cleveland Avenue and U.S. Highway 20; advising that in order to tie the sewers back into Cleveland Avenue they will need to close the entire road for three days to complete this project; asking for the Boards approval. Virginia Keating made the motion to approve the request for road closure for Holladay Construction for three (3) days at the area south of Pahs Road on Cleveland Avenue and continuing to Meijer Drive. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. VILLAGE GREEN ENTRANCE SIGNS – Daniel Nieding, representing the Village Green Neighborhood Association is requesting maintenance to be done on the entrance signs at the east and west ends of Broadbrook Lane Daniel Nieding, representing the Village Green Neighborhood Association, stated that several years ago the association raised money and placed three (3) Village Green signs at each entrance to their subdivision; at which time the City took them under their umbrella to maintain and take care of; the signs at the east and west entrance on Broadbrook Lane are starting to look a little tacky and would like to see them not deteriorate; asking the Board to support this request. Corporate Counsel Amber Lapaich advised the Board that she did some research; stating several years ago Village Green donated the signs to the City and the City accepted the donation. Vice President Murphy made the motion to refer the Village Green Neighborhood Associations request for City maintenance to be done on their signs at the east and west entrances on Broadbrook Lane to Bob Zonder at Central Maintenance for his recommendation to place this on the pending list. The motion was seconded by Virginia Keating and carried as follows: AYES: Members Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. SIGNAGE PLACEMENT – Robert Solomon, Lake Shore Drive is requesting the installation of “No Public Parking” signage and “Dead End” sign when the Smith Valley Lift Station is completed Charles “Spike” Peller, City Engineer, advised he has no problem with these signs being approved. Discussion ensued between Mr. Peller and President Janus regarding the “No Parking” signs; stating reasons why they are necessary to be placed there. Craig Phillips, City Planner, stated he spoke with the Mayor regarding this request; stating one of the major reasons he wants to place them there is because they want to make sure Regular Meeting – August 7, 2017 Page 7 and guarantee full access to the Sanitary District to be able to turn around and maneuver and get to and from the lift station facility. Vice President Murphy made the motion to approve the request of the “No Parking” and “Dead End” signs installed after the Smith Valley Lift Station is completed (placing this on the pending list). The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. SIGNAGE PLACEMENT – Charles “Spike” Peller, City Engineer, requests the installation of a 6-way stop at Lake Shore Drive and Beachwalk Charles “Spike” Peller, City Engineer, stated that he had been thinking about this intersection for several months and believes that because of the pedestrian traffic at this location it would be appropriate to put a three-way stop sign there; advising he spoke with Lt. Jeff Loniewski, MCPD Traffic Division, and he agrees with placing the signage there. Bryant Dabney, 1st Ward Councilman, 405 Thomas Street, stated he met with the Sheridan Beach Homeowners Association about this intersection and placing a 3-way stop sign there; asking the Board for their support. Virginia Keating made the motion to approve the placement of the 3-way stop sign at Lake Shore Drive and Beachwalk. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. SIGNAGE PLACEMENT – Charles “Spike” Peller, City Engineer, requests the placement of new signage at the intersection of Cleveland Avenue and C North Charles “Spike” Peller, City Engineer, stated there has been concern regarding traffic movement at the intersection of Cleveland Avenue and 400 North (signalized intersection); advising Glenn Peterson, Traffic Engineer, reviewed this and recommended pacement of a “Left Turn Yield on Green” sign; asking for the Boards approval. Lt. Jeff Loniewski, MCPD Traffic Division, recommended approval of this request. Vice President Murphy made the motion to approve the placement of a “Left Turn Yield on Green” sign at Cleveland Avenue and 400 North. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. SIGNAGE PLACEMENT – Lt. Jeff Loniewski, M.C.P.D Traffic Division is requesting the installation of additional stop signs at the intersection of Cloud Street and Francis Street Lt. Loniewski, M.C.P.D. Traffic Division, stated that since they moved into their new police facility last summer Cloud Street has experienced an extreme significant increase in traffic just from police vehicles and people coming to the police station; commenting on several reasons for his request; asking the Board to support his request to make Cloud Street and Francis Street a 4-way stop intersection. Regular Meeting – August 7, 2017 Page 8 Vice President Murphy made the motion to approve the signage for a 4-way stop at the intersection of Cloud and Francis Streets. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. REQUEST TO SOLICIT BIDS – Sue Downs, Code Enforcement Officer, is requesting to solicit bids for the demolition of & Vail Street Corporate Council Amber Lapaich addressed the Board reminding them that the Board approved the Planning Departments order for the demolition of 201 & 207 Vail Street; putting together the bid packet to go out for solicitation asking for the Board’s approval of same. Virginia Keating made the motion to approve the request to solicit bids for the demolition of 201 & 207 Vail Street. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. SPECIAL PURCHASE – Amanda Glanz, City Forester/Vector Control Director, is requesting a Special Purchase conducted under Emergency Conditions for the removal of trees on City property to alleviate the potential life/property safety hazards at Lakeshore Drive and H Lakeshore Drive located on park property at the Esplanade Corporate Counsel Amber Lapaich, stated as the Board recalls, this Board adopted a Purchasing Policy recently; the policy states that anything over $5,000.00 in services had to be approved by this Board, unless there was a special exception; Ms. Glanz had an emergency situation requiring the removal of certain trees and did receive quotes; providing these quotes with the lowest quote she received of $6,750.00; asking the Board for their approval. Virginia Keating made the motion to approve the determination by the City Forrester and her seeking bids in the sum of $6,750.00 from Green Leaves Tree Service to remove trees from 1102 and 1026 Lakeshore Drive. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. AGREEMENT – Joint Use and Maintenance Agreement between the Indiana Department of Transportation and the City of Michigan City concerning Maintenance of Certain Aesthetic Improvements on U.S. Highway C Bridge over Interstate I-IC Corporate Counsel Amber Lapaich advised as the title entails this is the maintenance agreement between the City and INDOT regarding those aesthetics improvements we did make to the I-94 Bridge including the flag poles that were installed; basically the maintenance agreement says what the City should do on an annual bases. Vice President Murphy made the motion to approve the Joint Use and Maintenance Agreement between INDOT and the City of Michigan City concerning Maintenance of certain aesthetic improvements on U.S. Highway 421 Bridge over I-94. The motion was seconded by Virginia Keating and carried as follows: AYES: Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. Regular Meeting – August 7, 2017 Page 9 AGREEMENT – Agreement to Vacate Grant of Easement between School City of Michigan City and the City of Michigan City Corporate Counsel Amber Lapaich addressed the Board regarding the Sanitary District’s agreement to vacate grant of easement (Parcel 46-01-26-300-002.000-022) along with the proposed sewage utility easement between the Michigan City Schools and the Michigan City Sanitary District. Virginia Keating made the motion to approve the Agreement to Vacate an Easement between the City of Michigan City and the Michigan City School System for the parcel of land stated in the agreement (Parcel 46-01-26-300-002.000-022). The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. RED CROSS BUILDING – Memorandum of Understanding between the City of Michigan City and American National Red Cross Building at 6 Warren Road • Lease Agreement • Quit-Claim Deed & Sales Disclosure Form Corporate Counsel Amber Lapaich addressed the Board regarding the property owned by the Red Cross at 113 Warren Road; advising that this property at one time belonged to the City and was donated to the Red Cross. Counsel Lapaich further advised the National Red Cross is liquidating properties and is willing to donate this property back to the City specifically for our City EMA volunteers to be housed; asking when the property is donated back to the City, if the City could provide the Red Cross arrangements to house them as well; asking for the Board’s approval to accept the donation of the property back, approve the lease agreement, and approve the MOU. Lt. Jeff Loniewski, M.C.P.D. Traffic Division, thank Attorney Lapaich for her hard work on this matter. Virginia Keating made the motion to accept the donation of the property located at 113 Warren Road subject to the Boards adoption of the lease agreement which is for a three (3) years period beginning August 7, 2017 through July 30, 2020, and subject to payment of half of the utility bills for those three (3) years; with the addition of the approval of the Memorandum of Understanding between the City of Michigan City and the American Red Cross which articulates the terms of these agreements. The motion was seconded by Vice President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). 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 (6). NAYS: None ( ). Motion carries. Regular Meeting – August 7, 2017 Page 10 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 H 08/07/2017 $444,464.05 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 1 08/07/2017 $110,759.33 UNFINISHED BUSINESS SALVATION ARMY – RED SHIELD RUN Jessica O’Brien representing the Salvation Army, addressed the Board regarding her request at the last meeting on July 17th to have a 15K run “Red Shield Run” throughout the City, utilizing city streets; advising they have decided to have a 5K run through Pottawatomie Park beginning at Krueger Middle School going down Springland Avenue entering Pottawatomie Park’s entrance on Roeske Avenue then return the same way. Lt. Jeff Loniewski, M.C.P.D. Traffic Division, met with Ms. O’Brien regarding this event; stating they have no problems with this event; recommending approval. Vice President Murphy made the motion to approve the “Red Shield 5K Run” sponsored by the Salvation Army on October 28, 2017 from 7:00 a.m. to 10:00 a.m. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (6). NAYS: None ( ). Motion carries. PUBLIC COMMENT President Janus asked if there were any public comments, there was no response. BOARD COMMENTS President Janus asked if there were any board comments, there was no response. ADJOURNMENT President Janus stated as there was no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:18 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 (6). NAYS: ( ). Motion Carries. Regular Meeting – August 7, 2017 Page 11 _________________________________________ Gale A. Neulieb, City Clerk