Board of Public Works & Safety

REGULAR MEETING – September 4, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, September 4, 2018, 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, Rich Murphy and Virginia Keating (3) Absent: NONE (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Lt. Jeff Loniewski, M.C.P.D. Traffic Sue Downs, Code Compliance Officer Charles Peller, City Engineer John Gorczyca, M.C. Sanitary District Kalon Kubik, Mayor’s Administrator Craig Phillips, Planning Director Andrea Smith, Personnel Director Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of August 20, 2018. Vice-President Murphy made the motion to approve the minutes from the August 20, 2018 Regular 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 – 2018 Sale of Surplus Vehicles President Janus asked if there was anyone wishing to render a bid at his time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the 2018 Sale of Surplus Vehicles. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising multiple bids were received and are as follows: Steven Kreighbaum 1996 New Holland 8240 Tractor w/LP Batwing $1,528.00 Anthony Stahoviak 2003 Ford F-250 4X4 Pickup White $1,253.00 (did not sign non-collusion form) Robert M. Taylor (did not have the bid form attached) Prestige General Contracting Bill Cota 2004 Chevy Impala $231.00 1996 New Holland 8240 Tractor w/LP Batwing $652.00 2000 Chevy 1500 Pickup Grey Cemetery $355.00 2003 Ford F-250 4X4 Pickup White $527.00 2006 Dura-Patcher Model 125DTT $380.00 2008 Land Pride Finish Mower FDR-2572 $203.00 1994 GMC 1500 Pickup $202.00 Doug Legault 2008 Land Pride Finish Mower FDR-2572 $152.00 Jeff Harbart 2003 Ford F-250 4X4 Pickup White $812.59 Cody Kubik Semi-Trailer ID #137121 $286.00 Semi-Trailer ID # None $286.00 Kirk Kubik 2004 Chevy Impala $236.00 1996 New Holland 8240 Tractor w/LP Batwing $768.00 2000 Chevy 1500 Pickup Grey Cemetery $381.00 2003 Ford F-250 4X4 Pickup White $463.00 2007 Chevy Uplander Van $263.00 2 Wheel Trailer ID #30670 $82.00 2006 Dura-Patcher Model 125DTT $377.00 2008 Land Pride Finish Mower FDR-2572 $200.00 1994 GMC 1500 Pickup $311.00 2002 International 4900 G.Truck w/Packer $786.00 September 4, 2018 Page 2 Dennis Wantland 2003 Ford F-250 4X4 Pickup White $2200.00 Chris Hartsburg 1996 New Holland 8240 Tractor w/LP Batwing $2,151.00 1994 GMC 1500 Pickup $152.00 Coleman Moore 2 Wheel Trailer ID #30670 $157.51 Jeff Loniewski 1996 New Holland 8240 Tractor w/LP Batwing $3,900.00 2006 Dura-Patcher Model 125DTT $600.00 2008 Land Pride Finish Mower FDR-2572 $550.00 Craig Haper 2003 Ford F-250 4X4 Pickup White $385.00 Ace Auto 2006 Dura-Patcher Model 125DTT $228.00 2002 International 4900 G.Truck w/Packer $678.00 Scott Baldwin 1996 New Holland 8240 Tractor w/LP Batwing $2,600.00 Vice-President Murphy made the motion to refer the bids for the 2018 Sale of Surplus Vehicles to Legal and Robert Zondor, Superintendent, Central Services for review and recommendations. 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 – 2018 City Wide Pavement Repair Project – Phase 2 – Cleveland Avenue Corporate Counsel, Amber Lapaich addressed the Board stating that Rieth-Riley was the lowest most responsive bidder in the amount of $318,350.00; recommending they are awarded the bid. Virginia Keating made the motion to award the bid for the 2018 City Wide Pavement Repair Project – Phase 2 – Cleveland Avenue Repaving to Rieth-Riley in the sum of $318,350.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR MAST ARM / LIGHT – Kadie O’Connor, 145 Shorewood Drive, Long Beach Cove Court-Home Condominium Association is requesting a mast arm with light affixed to an existing NIPSCO pole #957-437 located at Karwick Road and Shorewood Drive for safety purposes Charles “Spike” Peller, City Engineer addressed the Board stating he is ok with the placement of the light if the M.C.P.D. thinks it is appropriate; advising this is his recommendation. Lt. Jeff Loniewski, M.C.P.D. Traffic addressed the Board stating he looked at the situation; advising general practice has been to install traffic lights at all intersections; explaining it is a dark intersection at night; recommending approval. Virginia Keating made the motion to approve the request for a mast arm/light located at the Long Beach Cove Apartment Complex, NIPSCO pole #957-437. 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 PURCHASE CITY PROPERTY – Mike Moldenhauer, 402 Laurel Drive is requesting to purchase City property located at 1024 E. Michigan Boulevard, parcel #46-01-28-334-020.000-022 Corporate Counsel, Amber Lapaich addressed the Board explaining she has tentatively reviewed the request with some City departments; advising this parcel is located on Michigan Boulevard right across from the old Chrysler dealership building; stating for purposes of the inquiry the City is not listing the parcel for sale at this time. Vice-President Murphy made the motion to deny the request to purchase City property located at 1024 E. Michigan Boulevard, parcel #46-01-28-334-020.000-022. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. PROFESSIONAL SERVICE AGREEMENT – Agreement between the City of Michigan City Board of Public Works and Safety and Waggoner, Irwin, Scheele & Associates, Inc. for consulting services to conduct a job classification and compensation study – FLSA Analysis (Fair Labor Standards Act) Corporate Counsel, Amber Lapaich addressed the Board stating this is a contract to conduct a salary survey; advising the cost of the survey is not to exceed $22,670.00, and travel expenses are not to exceed $3,800.00; it is anticipated this should take no longer than 7-9 months to complete; explaining the City has not had a salary study in several years; further stating she believes it is reasonable to hire a consultant to go over the job classifications and job descriptions and give the City an analysis as to whether or not we are accurately compensating these positions; further advising this only includes the Civil City, it does not include the Police, Fire Department, Sanitary and Water Departments or the Port Authority, anyone under contract; further explaining the consultant will be working directly with our Personnel Director to engage in the study; further stating the funds are available to pay for such service; asking for approval. Virginia Keating made the motion to approve the professional service agreement between the City of Michigan City Board of Public Works and Safety and Waggoner, Irwin, Scheele & Associates, Inc., for consulting services to conduct a job classification and compensation study, not to exceed the sum of $22,670.00 and travel expenses not to exceed the sum of $3,800.00; the duration of the contract is anticipated to be 7-9 months; this is for the Civil City only. The motion was seconded September 4, 2018 Page 3 by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Sam Kruis, Zorn Brew Works, 605 E. 9th Street is requesting street closure on 9th Street between York and Oak Street starting on Saturday, October 20, 2018 at 6:00 a.m. till Sunday, October 21, 2018 at 6:00 a.m. to hold their 1st Annual Zorn Brew Works Octoberfest Lt. Jeff Loniewski, M.C.P.D. Traffic Department addressed the Board stating they will not be serving alcohol on the street, all alcohol sales will be restricted to their businesses property; advising this is just for safety of the pedestrians that will be attending; explaining there may be a few tents that get set up on the shoulder of the road, but they will still have access for emergency vehicles; further advising there are no residents in that block so no one will be effected by the closure; recommending approval. Discussion ensued between Corporate Counsel, Amber Lapaich and Sam Kruis, General Manager, Zorn Brew Works regarding if alcohol will be served on the street. Mr. Kruis stated it will be served on their property, on the brewery side; advising they are also working with Excise and the M.C.P.D. as well to make sure everything is done properly. Vice-President Murphy made the motion to approve the request for street closure for Zorn Brew Works, requesting the closure of 9th Street between York and Oak Streets on Saturday, October 20, 2018 at 6:00 a.m. till Sunday, October 21, 2018 at 6:00 a.m. to hold their 1st Annual Zorn Brew Works Octoberfest. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPROVAL FOR ADDITIONAL EMPLOYEES – Ron Landtroop, A Slice of Heaven, is requesting approval for additional employees on his vendor license Ron Landtroop, A Slice of Heaven addressed the Board stating he is requesting to hire 3 additional employees. Corporate Counsel, Amber Lapaich addressed the Board stating everything is in order. Virginia Keating made a motion to approve the request for additional employees to Ron Landtroop, A Slice of Heaven, adding 3 additional employees. 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 FOR APPROVAL TO COMPLETE PROJECT – Craig Phillips, Michigan City Redevelopment is requesting approval to complete the Michigan City Art District Tree Lighting project in the City right-of-way, total cost $91,350.00 Craig Phillips, Planning Director addressed the Board presenting a copy of a quote from Landscape Illumination; stating this was approved by the Redevelopment Commission last Wednesday at their special meeting; advising they would like to install tree lighting, end of block, midblock from 4th Street to 11th Street; explaining they have been working in conjunction with the City Forester to address the needs in terms of trimming of trees; further advising they received multiple quotes and Landscape Illumination is the one that was chosen. Corporate Counsel, Amber Lapaich clarified with the Board that they are not approving the cost, Redevelopment is handling the cost and the contract; explaining the Board is just giving permission to do the work. Discussion ensued between Don Przybylinski, Council President, 215 Gardena Street and Mr. Phillips regarding why a Michigan City Company is not doing this job; if a Michigan City company was pursued to do the work; and why is a company from out of town doing the work; Mr. Przybylinski advised when this was first done, Marquiss Electric did the work. Mr. Phillips stated that they reached out to Marquiss Electric and the cost to have them do the work was 4 times as much; advising they needed to take their budget in to consideration; recommending approval. Vice-President Murphy made the motion to approve the request by Redevelopment to complete the Michigan City Art District Tree Lighting project in the City right-of-way. 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 / APPROVAL OF BID DOCUMENTS – Robert Zondor, Superintendent Central Services is requesting approval to solicit bids for Fuel Procurement- Unleaded and Diesel fuel Corporate Counsel, Amber Lapaich addressed the Board stating the contracts with the vendors expire the end of this year for fuel procurement; advising we need another group of vendors that have been pre-approved to bid on our fuel; asking for permission to solicit for a new vendor pool; explaining the bids would be due and opened at the first meeting in October; asking for approval. Virginia Keating made the motion to approve the request to solicit bids for the Fuel Procurement – Unleaded and Diesel fuel. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. RESOLUTION OF PENDING GRIEVANCE – Michigan City Fire Department Local #475 Virginia Keating made the motion to deny the request based on the fact that it does not comply with Article 14 of the contract. The motion was seconded by Vice-President Murphy and carried as September 4, 2018 Page 4 follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. RESIGNATION – Michigan City Fire Department announces the resignation of Javan Lee effective August 20, 2018. (Note: for 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 (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 11 08/31/2018 $589,152.63 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 Amount 1 of 9 09/04/2018 $1,014.010.07 UNFINISHED BUSINESS John Fegaras – 3940 S. Franklin Street – Reduction on Revolving Loan Gale Neulieb, City Clerk addressed the Board stating she has not received the recorded documents from Mr. Fegaras’s agreement yet. Christian Byrom – 212 Tryon Street requesting the installation of street lights, stop signs, and posted speed limit signs Lt. Jeff Loniewski, M.C.P.D. Traffic addressed the Board stating he has looked at the situation; explaining when they receive these types of requests they look at 2 factors: the accident history and visibility issues on the street; advising he looked at both of those issues and there is no accident history, no patterns of accidents and no visibility issues at any of the intersections; further stating it is not normal practice to install speed limit signs on every street; if he saw a problem he would recommend the approval of the installation of speed limit signs; further advising he sees no reason to install speed limit signs at this location. Vice-President Murphy made the motion to deny the request for additional posted speed limit signs per the recommendation of M.C.P.D. Traffic Department and remove this matter from the pending list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Demolitions 121 N. Porter Street Corporate Counsel, Amber Lapaich addressed the Board stating that the Board affirmed the demolition at the last meeting; advising Fannie Mae is receiving bids to do the demolition work themselves; hoping for an update today as to the status of whether or not the owners can do the demolition. Valerie Kubacki, Prime Real Estate addressed the Board stating that Fannie Mae is in need of certificates and other documents for the bids; advising they are moving forward with getting this done; explaining Environmental is wanting more details as to how they are going to handle the inside materials and such to make sure everything is disposed of properly. Corporate Counsel, Amber Lapaich is requesting we keep this on the pending list for a few more weeks and get another update at that time. PUBLIC COMMENTS President Janus asked if there were any Public Comments. Charles “Spike” Peller, City Engineer addressed the Board asking for approval of Change Order No. 1 for the Parks and Schools Traffic Safety Improvements Project (SEH of Indiana, Consultant) for the following items: approaches to driveways on Gardena Street, curb removal by Ames Field September 4, 2018 Page 5 and B-Borrow from Pullman Park; stating they needed more material; advising the cost increase is $24,904.00; asking for approval. Discussion ensued between President Janus and Mr. Peller regarding if there are funds available. Mr. Peller responded, yes, there was a Council appropriation for this project; explaining this is a project that Mayor Meer is passionate about; asking for approval. Virginia Keating made the motion to approve Change Order No. 1 for the Michigan City Parks and Schools Traffic Safety Improvement project, in the sum of $24,904.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. ***William Guse, 301 W. Coolspring Avenue addressed the Board stating that 305 W. Coolspring Avenue has been burned down since last June; advising he came before the Board in March and was assured that the house would be properly taken care of; explaining it has been over 5 months and nothing has been done to the property; further stating he smells it every day and he is tired of it; further explaining he believes because it is owned by a Fireman, it is not being addressed properly; there is also a house on Benton Street that is in the same condition, and it needs to be addressed. Craig Phillips, Planning Director addressed the Board stating he will check with our Code Enforcement staff and the Fire Marshall on the status of these concerns and get back to the Board. Virginia Keating made the motion to put this on the pending list for review and recommendations. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. ***Don Przybylinski, Council President, 215 Gardena Street addressed the Board commenting that Rieth-Riley, prior to starting a project (Parks and Schools Traffic Safety Improvements project- Gardena Street) is supposed to make notifications to the homeowners that will be effected; advising this did not take place and he was receiving phone calls from neighbors asking what was going on; explaining he believes the City should demand to get a rebate back from Rieth-Riley or a reduction in the bill, because they did not fulfill their obligation; requesting the Board take a look at this, and ask Rieth-Riley why they didn’t notify the public and ask for a rebate to the City. BOARD COMMENTS President Janus asked if there were any Board comments; there was no response. ADJOURNMENT President Janus stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:10 a.m.). Vice-President Murphy made the motion to adjourn. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk