Board of Public Works & Safety

REGULAR MEETING – May 18, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, May 18, 2015 at the hour of 9:00 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 Vice-President Michael Palmer, who presided. Noted present: Michael Palmer and Virginia Keating (2). Absent: Steve Janus (1). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Charles “Spike” Peller, City Engineer Sergeant Ken Havlin, M.C.P.D. Traffic Division Royce Williams, Chief of Services, M.C. Police Department Tim Richardson, Asst. Chief, M.C. Police Department Frank Seilheimer, City Forester Yvonne Hoffmaster, Deputy Controller Skyler York, Asst. City Planner Craig Phillips, City Planner Michael Kuss, General Manager Sanitary District Arber Himaj, Engineer, Sanitary District Bob Zondor, Superintendent Central Services/Central Maintenance Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES Vice-President Palmer stated the minutes for the meeting of May 4, 2015 were not available at this time. AWARDING OF BIDS – New Michigan City Police Station Amber Lapaich, Corporate Counsel addressed the Board stating the Board should have received a letter from American StructurePoint, the engineer for the project, and they reviewed all the bids submitted and is recommending the City award the contract to Larson- Danielson Construction which was the lowest bid with alternate bids added. Their base bid along with alternate bids specifically alternate #2, #3 and #6 makes their total bid $10,060,079.00. Virginia Keating made the motion to approve the bid for the new Michigan City Police Station to Larson-Danielson being their base bid and three (3) alternate bids the lowest in the sum of $10,060,079.00. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. Regular Meeting –May 18, 2015 Page 2 AMERICAN STRUCTUREPOINT – Approval of Construction Administration Services for new police facility Amber Lapaich, Corporate Counsel addressed the Board stating when this Board entered into a contract with American StructurePoint there was a provision put into the contract that said compensation for Phase 2 would be subject to owner determination to proceed with the construction project which this Board just approved in the last motion; so the Construction Administration phase would be $171,183.00 that the Board would need to approve at this time. Virginia Keating made the motion to approve the Construction Administration Services for StructurePoint in the amount of $171,183.00. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. RESOLUTION – Supporting the Sale of the Police Station Property to the Redevelopment Commission MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. 2807 SUPPORTING THE SALE OF THE POLICE STATION PROPERTY TO THE REDEVELOPMENT COMMISSION WHEREAS, the Michigan City Redevelopment Commission (the “Commission”) governing body of the City of Michigan City Department of Redevelopment (the “Department”) and the Redevelopment District of the City of Michigan City, Indiana (the “Redevelopment District”), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in I.C. 36-7-14, as amended from time to time (the “Act”); and WHEREAS, the City of Michigan City (the “City”) currently holds title to certain parcels of real estate (formerly known as and herein referred to as the “Police Station Property”) located wholly and exclusively within a certain city block encompassed by Franklin, 2nd, and Washington Streets, consisting of 7 distinct parcels having the following identification numbers: 460129251012000022 (102 W. 2nd Street) 460129251013000022 460129251007000022 460129251008000022 460129251006000022 460129251026000022 460129251004000022; and WHEREAS, the City desires to sell the Police Station Property to the Commission for good and valuable consideration; and WHEREAS, the City and the Commission have mutually concluded and agreed that the purchase price for the Police Station Property shall be Two Million Dollars ($2,000,000.00), same of which is based on a de minimis deviation of the appraised value pursuant to an appraisal completed by LaPorte County Appraisal Services; and WHEREAS, pursuant to I.C. 36-7-14-11, it is the duty of the Commission to promote the use of land within its jurisdiction in a manner that best serves the interests of the City and its inhabitants, and to such end, select and acquire those areas needing redevelopment; and Regular Meeting –May 18, 2015 Page 3 WHEREAS, as set for the in I.C. 36-7-14-12.2 (a)(1), the Commission is empowered and authorized to acquire by purchase, any interest in real property needed for the redevelopment of areas so needing redevelopment, which may be located within the corporate boundaries of the unit; and WHEREAS, the Commission has heretofore investigated, studied, and surveyed that area within which the Police Station Property is situated, and concluded that such property is integral and essential to the overall redevelopment plans of the surrounding area; and WHEREAS, pursuant to I.C. 36-1-11-8, the City and the Commission may effect the transfer or sale of real estate such as the Police Station Property pursuant to any terms or conditions, as well as for any amount of consideration which may be mutually agreed upon by the entities; and WHEREAS, on May 11, 2015 the Commission passed Resolution 09-15 entitled a Resolution of the Michigan City Redevelopment Commission Authorizing the Acquisition of Former Police Station Property authorizing the purchase of the Police Station from the City for the mutually agreed amount of Two Million Dollars ($2,000,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY AS FOLLOWS: 1. The aforementioned “Whereas” sentences are incorporated herein as if fully set forth herein. 2. The Michigan City Board of Public Works and Safety (the “Board”) hereby finds and determines that the Commission’s acquisition of the Police Station Property will be of public utility and benefit, and will be consistent with, and in furtherance of the general plan and intent of redevelopment of property situated in the downtown area of Michigan City. 3. The Board hereby finds and determines that the Police Station Property should be sold to the Commission for the mutually agreed price of Two Million Dollars ($2,000,000.00). 4. The Board further finds and determines that its President is hereby authorized to execute any and all documents or otherwise engage in any action necessary to conclude all transactions required to effect the sale and transfer of title of the Police Station Property to the Commission. 4. All orders or resolutions in conflict herewith are hereby rescinded, revoked, and repealed insofar as such exists. 5. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offense committed, or proceedings begun before the effective date of this Resolution. Those rights, liabilities, penalties and proceedings continue and shall be imposed and enforced under superseded resolutions as if this Resolution had not been enacted. Adopted by the Board of Public Works & Safety of the City of Michigan City, Indiana by a vote of 2 to 2 this 18th day of May, 2015. /s/ Michael Palmer, Vice-President /s/ Virginia Keating, Member ATTEST: /s/ Gale Neulieb, City Clerk Michigan City, Indiana Prepared by the Corporation Counsel’s Office Upon Request Amber Lapaich, Corporate Counsel, addressed the Board stating the Resolution with the Redevelopment Commission and the City agrees that the Redevelopment Commission would purchase the old police station for the sum of $2,000,000.00. To effectuate the transfer the Redevelopment Commission last week passed a resolution supporting the sale. This body will also pass a resolution supporting this sale and also the City Council would have to pass a resolution which is on their agenda for tomorrow evening’s meeting. So we would be looking for a motion from this body. Regular Meeting –May 18, 2015 Page 4 Virginia Keating made the motion supporting the sale of the police station property to the Redevelopment Commission for $2,000,000.00 and that property being 7 distinct parcels collectively known as 102 West 2nd Street in Michigan City. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. CONTRACT APPROVAL – Michigan City Police Department – for Taser Body Cameras Regular Meeting –May 18, 2015 Page 5 Royce Williams, Chief of Services for the M.C.P.D. addressed the Board seeking approval to move forward with a two (2) year contract for 70 body worn cameras for the M.C.P.D. This would be pending the approval of funds, $85,000.00, on 3rd reading tomorrow night with the City Council. Virginia Keating made the motion pending finances by the City Council tomorrow evening that we approve this contract to Taser International in the sum of $85,000.00 that is for a period of two (2) years for assorted body cameras, documents and licenses. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. Regular Meeting –May 18, 2015 Page 6 AWARDING OF BIDS – Nine (9) 2016 Police Ford Interceptor Utility Vehicles – AWD Ford Option Package (K8A) Amber Lapaich, Corporate Counsel addressed the Board stating an issue came up with this when bid packages were sent out and did not have the time and place requirement that the bids had to be submitted by in the actual package. We received a bid late with a note stating that this information is not on there and upon her inquiry LakeShore called Chief Richardson before they submitted their bid and stated they did not have that information in their packet. It was her recommendation that the Board reject all bids because there was a deficiency in the bid packet and that it needs to be re-bid. Virginia Keating made the motion to reject the bids received and to re-bid the nine (9) vehicles. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. REQUEST TO HOLD WALK – Janice Lubiniecki, St. John’s United Church of Christ is requesting permission to hold the 30th Annual LaPorte County Crop Walk on Sunday, September 27, 2015 at 2:00 p.m. The following correspondence was received in the City Clerk’s Office on May 1, 2015 from Janice Lubiniecki, St. John’s United Church of Christ: My name is Janice Lubiniecki and I am one of the chairpersons for the 30th Annual Laporte County Crop Walk that will be hosted by St. John’s United Church of Christ, 101 St. John Road, Michigan City, IN on September 27, 2015 at 2:00 p.m. I understand from previous chairpersons of this walk that we must give our proposed route to the local Police Department as well as advise the Board of Public Works & Safety. Enclosed is the pamphlet explaining the walk as well as our proposed routes. The number of walkers can vary, but I was told last year approximately 100 people walked the route in LaPorte. Please let me know at your earliest convenience if this route is satisfactory or if we need to address any issues regarding the walk. If you have any questions I can be reached during the day at 219-873-3130 Ext. 207, in the evening at 219-879-3712 or be email at Janice.lubiniecki@path-consult.com. Thank you for your consideration and attention to this matter. Sincerely Janice Lubiniecki 2133 N. Rolling Meadows Drive Michigan City, IN 46360 Janice Lubiniecki addressed the Board stating the Crop Walk has been held in LaPorte County for the past 29 years; it helps raise funds to fight hunger with 25% of the money staying in LaPorte County and the rest serves the Country and the rest of the World. St. John’s is hosting the event this year and we are looking for approval for the route which is a 3K walk and we drove the route and tried to stay on the sidewalks and not cross any busy intersections and the police were ok with the route. Regular Meeting –May 18, 2015 Page 7 Sergeant Ken Havlin, M.C.P.D. Traffic Division addressed the Board stating he was filling in for Lt. Loniewski and since the participants are utilizing the sidewalks and we are not closing any streets, the Traffic Division has no objections for this event. Virginia Keating made a motion to grant the request of St. John’s United Church of Christ to hold the 30th annual LaPorte County Crop Walk on Sunday September 27th at 2:00 p.m. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. REQUEST TO HOLD WALK – Casaundra “Kay” Hill, Executive Director Stepping Stone Shelter for Women, Inc. is requesting to hold their 2nd Annual Step into the Night sexual assault awareness event June 5, 2015 from 5 pm to 8 pm The following correspondence was received in the City Clerk’s Office on May 7, 2015 from Causaundra “Kay” Hill, Executive Director of Stepping Stone Shelter for Women: Type of Request: Request to walk along downtown area June 5, 2015 for our 2 nd annual, “Step Into The Night” sexual assault awareness event. We will begin at HeathLinc, located at 7th and Franklin Street and walk north to the LaPorte County parking lot. The walk will have a brief moment of silence for victims and survivors at the LaPorte County parking lot. We will continue onto Franklin Street walk south towards HealthLinc. Causaundra “Kay” Hill addressed the Board stating she is requesting to hold the 2nd annual walk to begin at HealthLinc and will be utilizing the sidewalks like last year. The walk is to bring awareness to the community of the services we offer at the Stepping Stone Shelter for Women. Sergeant Ken Havlin, M.C.P.D. Traffic Division addressed the Board stating the police department recommends approval of this due to the fact that they will be using sidewalks and there are no closing of streets and no overtime is required. Vice-President Palmer advised Ms. Hill that she would need a new certificate of liability insurance adding the City of Michigan City and that her event could not take place until receipt of the insurance certificate. Virginia Keating made a motion to grant the request of Stepping Stone Shelter for Women Inc. to hold their 2nd annual Step into the Night sexual assault awareness event on June 5th. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. REQUEST FOR STOP SIGN – David Timmons, NICTD, is requesting the installation of stop signs on Fairfield at the intersection of Holiday & Fairfield The following correspondence was received in the City Clerk’s Office on May 6, 2015 from David Timmons, NICTD, 601 N. Roeske Avenue: Type of Request: Addition of Stop Sign @ intersection of Holiday & Fairfield We respectfully request a stop sign be placed so as to stop northbound traffic on Fairfield at the above intersection. While traffic may not be heavy on Fairfield itself, Regular Meeting –May 18, 2015 Page 8 Holiday traffic coming into our passenger station at Carroll Ave. is. Members of our staff have had a near miss at this location, so have I; perhaps our riders have too. Sergeant Ken Havlin, M.C.P.D. Traffic Division, looked into this and there is no traffic control device at this intersection. We recommend a stop sign for northbound traffic on Fairfield Avenue and also recommend the South Shore Railroad place a sign at their driveway. Charles “Spike” Peller, City Engineer, concurs with the Police Department’s recommendation. Virginia Keating made a motion that we install a stop sign for northbound traffic on Fairfield and also request the South Shore Railroad put a stop sign in their drive-way. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. REQUEST FOR STREET LIGHT – Glenda Rucker, 209 Grant Street is requesting the installation of a street light in front of their residence on pole #240 405 The following correspondence was received in the City Clerk’s Office on May 11, 2015 from Glenda Rucker, 209 Grant Street: Type of Request: Street Light I am putting a request in for a street light to be put up on pole number (240 405). Are cars are being ransacked. We have made multiple police reports. This street is very dark which makes this a targeted area. Charles “Spike” Peller addressed the Board and stated he has not looked at this particular situation nor did he get any police reports on their recommendation so he is requesting this be held over until the next meeting. Glenda Rucker, 209 Grant Street, addressed the Board stating the problem with that street is both ends have street lights but she has no light and it’s dark and a problem. She said there have been police reports made several of them. Daughter accidently dropped her wallet and someone got it. The pole is already there and can’t see why it’s a problem putting a light up. Vice-President Palmer is referring this matter to the City Engineer to investigate this. He also noted that the cost of a light is high and we are currently looking to cut lights as much as we can; but if the location warrants it the City Engineer will make a recommendation to this Board and we will make a decision at our next meeting. He again is referring this to the City Engineer and the Police Department for their input on this matter. Virginia Keating made a motion to refer this request for a street light at 209 Grant Street to the City Engineer and the Police Department. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. REQUEST TO USE SIDEWALK – Michael Kuss, General Manager Sanitary District is requesting permission to use the sidewalk at 5th and Franklin Streets on June 5th for the performance of Banana Slugs String Band and to allow for the placement of a portable toilet for public use Regular Meeting –May 18, 2015 Page 9 The following correspondence was received in the City Clerk’s Office on May 12, 2015 from Michael Kuss, General Manager Sanitary District 1108 E. 8th Street: Request approval for Banana Slugs String Band to perform at 5 th & Franklin Streets for First Fridays on June 5th, and to allow placement of portable toilet for public use. Michael Kuss, General Manager Sanitary District, addressed the Board stating his request his part of the stormwater outreach that we are required to hold for our Municipal Storm Water permit. We want to have Banana Slugs String Band play songs about the environment, nature, and are good with kids. They will play in front of Horizon Bank like last year on June 5th and we are seeking permission to have a portable toilet should kids need to use a toilet. Discussion ensued regarding insurance liability. Sanitary District has their own insurance and will provide a copy to Horizon Bank specifically naming them as requested. Virginia Keating moved to grant the request to use the sidewalk at 5th and Franklin Streets and to place a portable toilet for public use. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. MEMO OF UNDERSTANDING – Waste, Inc. Landfill Site/Trail Creek Project The following correspondence was received in the City Clerk’s Office on May 4, 2015 from Corporate Counsel. MEMORANDUM OF UNDERSTANDING Wate, Inc. Landfill Site/Trail Creek Project Among: City of Michigan City, Indiana Waste, Inc. RD/RA Group May 2015 This Memorandum of Understanding (“MOU”) is entered into as of 05/18/2015 by and between the City of Michigan City, a municipal corporation of the State of Indiana, by the Michigan City Board of Public Works & Safety (“City”), and the Waste, Inc. RD/RA Group (“Waste, Inc. Group”), sometimes collectively referred to as “the Parties,” as an expression of their mutual good faith and interest in coordinating activities with respect to the City’s Trail Creek Corridor Open Space Master Plan (“Trail Creek Master Plan”) and the Waste, Inc. Group’s performance and completion of its remedial obligations with respect to the former Waste, Inc. Landfill, immediately adjacent to Trail Creek. Background The Waste, Inc. Group consists of 14 individual companies bound by a Consent Decree issued on June 3, 1999 by the United States District Court for the Northern District of Indiana (“Consent Decree”). Pursuant to the Consent Decree, the Waste, Inc. Group was and is responsible for conducting certain remedial and protective actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), as directed by Region 5 of the United States Environmental Protection Agency (“EPA”), at the Waste, Inc. Landfill Superfund Site located in Michigan City, Indiana (the “Site”). The Waste, Inc. Group has invested substantial time and resources constructing a remedy at the Site (“Remedy”), and pursuant to the Consent Decree, is obligated to perform long-term operation and maintenance (“O&M”) of the Remedy at the Site. Regular Meeting –May 18, 2015 Page 10 The Waste, Inc. Group is also responsible for maintaining and monitoring Institutional Controls (“ICs”), Environmental Protection Easements and Declarations of Restrictive Covenants (“ERCs”) for the Site to ensure protection of human health and the environment. The ICs and ERCs impose limitations of the use of the Site for construction or development, a prohibition on the use of groundwater at the Site for drinking water purposes, prohibitions on residential use of the Site property, and prevention of interference with the Work conducted at the Site by the Waste, Inc. Group under the Consent Decree. The Waste, Inc. Group was and is responsible for constructing and maintaining a perimeter fence (the “Fence”) surrounding the Site to prevent public access as an IC at the Site. The Waste, Inc. Group was and is responsible for constructing and maintaining a landfill gas management system (the “Gas System”) as an IC at the Site. The Waste, Inc. Group is responsible for ongoing O&M of the ICs and ERCs at the Site and reporting information regarding the continued effectiveness of the ICs and ERCs to EPA. Pursuant to the Consent Decree, The Waste, Inc. Group is responsible for participating in and responding to EPA directives issued during EPA’s 5-Year Review of the Site. The City is the sole owner of the Site. Goals of the Parties The City initially wishes to utilize a portion of the Site outside of the boundaries of the Remedy for recreational purposes that will allow public access to certain portions of the Site, all as part of its Trail Creek Master Plan. The Parties desire to cooperate to facilitate the construction and recreational use of portions of the Site in connection with the Trail Creek Master Plan without diminishing the effectiveness of the Remedy at the Site, increasing the Waste, Inc. Groups’ O&M costs or responsibilities, or causing the Waste Inc. Group to incur any additional liability with regard to the Site. The City recognized and acknowledges that the Waste, Inc. Group may not allow for changes to or potential adverse effects on the ICs or ERCs, including removal of the Fence or the Gas System, and may not allow for greater public access to the Site without the express consent of the EPA and the Indiana Department of Environmental Management (“IDEM”) and the amendment or termination of the Consent Decree. Nevertheless, the City desires that the Parties shall initially seek permission from EPA and IDEM for moving the fence closer to the perimeter of the Remedy to allow public access and recreational activities on portions of the Site outside the Remedy and without affecting the Remedy or requiring the conversion of the Gas System at the Site from an active venting system to a passive venting system, or removal of the Gas System. The Parties are desirous of terminating the Consent Decree as early as possible, consistent with the long-term protectiveness of the Remedy and in keeping with the City’s desire for enhanced public access to the Trail Creek Project on and adjacent to the Site. Agreement In light of the foregoing, the Parties mutually agree as follows: 1. Parties will enter into negotiations intended to fully resolve the City’s intended redevelopment and public use of portions of the Site in a manner consistent with maintaining the integrity of the Remedy, and expedite the termination of the Consent Decree as much as possible. 2. Any settlement of claims and/or agreement by and among the Parties affecting their rights and responsibilities with respect to the Site will be incorporated into a definitive and enforceable agreement, as appropriate, and made available for public notice and comment. Regular Meeting –May 18, 2015 Page 11 3. Nothing in this MOU shall in any way restrict or limit the nature or scope of actions that may be required by EPA or the State of Indiana in exercising their respective authorities under federal or state law with respect to the Site. 4. The Parties recognize that the public has interests in the redevelopment and appropriate public access to portions of the Site adjacent to the Trail Creek corridor and waterfront amenity. 5. In order to serve the interests of the public, the Parties will develop a public participation plan and seek appropriate public input via implementation of that plan with regard to redevelopment of portions of the Site. Applicable law may require additional public involvement. 6. This MOU is intended to facilitate discussions among the Parties and to provide a basic framework for such discussions in connection with the operation of the Remedy and the redevelopment of portions of the Site consistent with the Trail Creek Master Plan. The participation of the parties in such discussions is purely voluntary in nature and cannot be compelled. Either Party may, in its sole discretion, withdraw from this MOU at any time, for any reason whatsoever, without liability, by first providing to the other Party a written notice of its intention to withdraw from this MOU (“Notice of Withdrawal”). The Notice of Withdrawal shall include the date of the Notice (“Notice Date”) and a brief description of the reason the Party intends to withdraw from the MOU. The Notice of Withdrawal shall be sent by registered mail, certified mail, overnight carrier, or electronic mail on the Notice Date to the contacts listed in Attachment A. Either Party may change its contracts by first providing written notice to the other Party. The Parties agree that during the thirty-day period following the Notice Date, they will seek to informally resolve any dispute that is the basis for the Notice of Withdrawal. Unless the Party that provided the Notice of Withdrawal withdraws such Notice, in writing, during the thirty-day period, that Party shall be deemed to have withdrawn from this MOU on the 31st day after the Notice Date. 7. It is the intent of the Waste, Inc. Group that the potential liability of its members for environmental conditions at the Site be resolved to the greatest extent practicable as part of the negotiation process set forth in this MOU. 8. The Parties recognize that this MOU does not, and cannot, address all the circumstances and issues that may arise during their negotiations hereunder. The process to be undertaken as outlined in this MOU will be dynamic in nature, and may change over time by written agreement of the Parties. 9. This MOU is not intended to, and shall not, create any rights in any person who is not a party to this MOU. 10. Either Party may conduct other studies relating to the Site that are outside the scope of this MOU. In order to facilitate the negotiation process, prior to undertaking a study outside the scope of this MOU, and Party intending to conduct such a study shall notify the other Party in writing of its intent to perform the study and shall provide the other Party a brief summary of the proposed study no later than twenty working days prior to the proposed start of the study, and the Party intending to conduct the study shall in good faith consider any comments submitted by the other Party regarding the study. The purpose of this provision is to support good faith negotiations. 11. The Parties agree that neither this MOU, nor either Party’s consent to enter into this MOU, nor any actions or omissions of any of the Parties in accordance with or related to this MOU, shall in any way constitute or be construed as an admission of liability, statement against interest, or a concession by any of the Parties of any factual or legal matters. 12. For purposes of this MOU, Effective Date shall mean the latest date on which this MOU is executed by both Parties as set forth on the signature page. Regular Meeting –May 18, 2015 Page 12 ATTACHMENT A Amber L. Lapaich-Stalbrink Mayor Ron Meer City of Michigan City City of Michigan City Corporation Counsel 100 E. Michigan Blvd. 100 E. Michigan Blvd. Michigan City IN 46360 Michigan City IN 46360 Craig Phillips, City Planner, addressed the Board stating the MOU is for the Waste Inc. site and the City received the property from the County and we have had ongoing discussions with the primary group with regard to maintenance and continuing testing. It’s a Superfund site which is regulated by the EPA and required to maintain the remedy in place to monitor and test the emission coming from the former dump site on the property. We need to have a procedure in place with regards to that sight with the Primary Responsible Groups. This agreement is between the City and the Primary Responsible Groups which they are required to maintain the site. Simply, the request is to approve the MOU language which Attorney Lapaich has reviewed. Virginia Keating moved to approve the Memorandum Of Understanding between the City of Michigan City and Waste Inc.. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. MICHIGAN BOULEVARD PHASE II – Change Orders 10, 11, 12, 13 for the Michigan Boulevard Phase II project The following correspondence was received in the City Clerk’s office on May 11, 2015 from Charles “Spike” Peller, City Engineer: Attached are Change Orders 10, 11, 12, and 13 for the Michigan Blvd. Phase II project. Please add the approval of these change orders to the next Board of Works agenda. Charles “Spike” Peller, City Engineer addressed the Board stating that he is presenting the final quarterly change orders for the Michigan Boulevard Phase II Project. These change orders will bring the modified contract amount to 2.2% below the original amount by approximately $120,000.00. These change orders are required because they are over 20% of the cost of the individual item. There will be a final inspection of the contract amount and we expect that to be $200,000.00 under the original contract amount. Specifically change order #10 is an overrun, an increase for concrete patching, and to retro-fit road transfer at joints. INDOT did not catch it. The change order #10 in the amount of $68,413.12 is eligible for repayment thru NIRPC which means we should be getting some of that money back. The other 3 change orders are deducts. After all is said and done there may be $250,000.00 less spent than expected on the project. Charles “Spike” Peller, City Engineer, gave special recognition to Joe Dubyel, Project Manager for American StructurePoint for monitoring the project and doing a great job in managing this project. Virginia Keating moved to approve Change Orders #10, #11, #12, #13. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. Regular Meeting –May 18, 2015 Page 13 CONSULTANT AGREEMENT – Indiana Association for Community Economic Development for Mid-town plan CONSULTANT AGREEMENT This Agreement is made as of May 18, 2015, by and between the Indiana Association for Community Economic Development, (hereinafter referred to as “IACED”) 202 East Market Street, Indianapolis, IN 46360 and the City of Michigan City, 100 E Michigan Blvd, Michigan City, IN 46360 (hereinafter referred to as the “Client”). The Client is seeking professional services from IACED to provide a neighborhood plan for the Midtown neighborhood as detailed in Exhibit A, Scope of Work. In consideration of the mutual covenants herein contained, and intending to be legally bound exclusively by this written agreement, the parties do agree as follows: SECTION I. SCOPE OF WORK IACED proposes to deliver neighborhood planning work based on the services in Exhibit A. SECTION II. HOURLY NOT-TO-EXCEED COMPENSATION The Client, in consideration of satisfactory performance of the services described in Exhibit A of this contract, agrees to pay IACED compensation for IACED’s service a lump sum of $21,000 (Twenty-One Thousand Dollars) as described in Exhibit B. Any unexpected costs as described in Exhibit B will necessitate changes in the Scope of Work (Exhibit A) to ensure a total contract cost of no more than $21,000. SECTION III. PAYMENT IACED will present invoices to the City of Michigan City for payment upon completion of tasks in Exhibit A. IACED will be paid within 45 days of the city’s receipt of the invoice. SECTION IV. TERM The term of this Agreement shall begin upon execution and end on March 21, 2016. Either party may terminate the agreement without cause with 30 days written notice, at which time all obligations in this contract shall terminate. The contract may be extended by written request and acceptance by the opposite party. SECTION V. DEFAULT AND TERMINATION In the event of any breach by either party of its obligations under this agreement, the other party may service notice of such breach on the breaching party and upon the breaching party’s failure to adequately cur the same within twenty (20) days after such notice, terminate this agreement and it shall be entitled to pursue all remedies available to it at law or in equity and to collect attorney’s fees in connection with pursuing such remedy. If IACED terminates with less than 30 days’ notice they will not be entitled to reimbursement of expenses. If the Client terminates this contract, they will compensate IACED for incurred expenses only if less than 30 days’ notice is given. SECTION VI. INDEPENDENT CONSULTANT This agreement is entered into for the purpose of establishing an independent contract excluding any employee-employer form of relationship. IACED affirms that it is acting as a free agent and independent consultant, holding itself out to the General Public for other work or contracts as it sees fit, and that this agreement is not exclusive. IACED will be responsible for all income tax withholdings, state and local taxes, assessments, including Social Security and Medicare payments, insurance, Worker’s Compensation, retirement, wage/hour or Leave benefits and other costs or obligations on the income received under this agreement. Regular Meeting –May 18, 2015 Page 14 SECTION VII. TAX IDENTIFICATION NUMBER IACED’s Federal Tax Identification Number is 35-1695379. SECTION VIII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Indiana (excluding the choice of laws provision). SECTION IX. PARTIES BOUND The terms and provisions of this Agreement shall be binding upon the parties hereto, their legal representatives, successors, and assigns. SECTION X. OWNERSHIP OF WORK PRODUCTS IACED is the sole owner of any work products created by IACED prior to the execution of this agreement. Client is the owner of the work product created pursuant to this contract. SECTION XI. ENTIRE AGREEMENT This instrument contains the entire Agreement between parties. No statement, promises, or inducements made by any party hereto or agent of either party which is not contained in this written agreement shall be valid or binding; and this Agreement shall not be enlarged, modified, or altered except in writing and signed by both parties. SECTION XII. NOTICES All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: if for IACED: 202 East Market Street, Indianapolis, IN 46204; if for City of Michigan City, 100 E Michigan Blvd, Michigan City, IN 46360. SECTION XII. EMPLOYMENT ELIGIBILITY VERIFICATION The Contactor affirms under the penalties of perjury that it does not knowingly employ an authorized alien. The Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through the E- Verify program as defined in IC 22-5-1.7-3. The Contractor is not required to participate should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self- employed and does not employ any employees. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor shall require its subconsultant, who perform work under this Contract, to certify to the Contractor that the subconsultant has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a sub-consultant. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by City. SECTION XIV. NO INVESTMENT IN IRAN As required by IC 5-22-16.5, the Contractor certifies that the Contractor is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. Exhibit A Scope of Work The following Scope of Work outlines the process for developing a neighborhood plan for the Midtown neighborhood in Michigan City, Indiana. Regular Meeting –May 18, 2015 Page 15 Organize The first step is to engage neighborhood residents and stakeholders in the future of their neighborhood. IACED proposes to conduct 20 interviews with informal and formal leadership. Informal leaders are those who derive their authority from people following them, without any power of money or position. Formal leaders are those who have authority based on position or access to resources. Additionally IACED will conduct three focus group meetings in the Midtown neighborhood, one with residents, one with business owners, and one with non-profit organizations that have a presence in or serve Midtown. Findings from the interviews and focus groups will be presented in a report back session to the neighborhood, facilitated by IACED. A summary report of the themes identified and comments will be provided, but no comment will be attributed to any person to protect anonymity of the people who are interviewed. Following the report back a visioning session will be held in the neighborhood to define what Midtown should be like in the future. IACED will facilitate the visioning session. Decide From the vision will emerge 4-6 key topic areas that will become working groups. The working groups should be comprised of local residents and stakeholders (formal and informal leadership) and have 4-8 people per group participating. IACED will work with the working groups to develop SMAART (specific, measureable, aggressive yet achievable, relevant, and timebound) goals. From the goals IACED will develop action plans for review by the working group. The action plans will include specific actions, responsible parties, timelines, and performance measures. IACED will develop maps, and conduct data analysis to support the work of each group. The working groups, with support from IACED will work with those identified to be responsible parties to ensure that they are committed to the work of the plan. The plan should have responsible parties in the public, private, and non-profit sectors… it is not a plan about what the city can do for the neighborhood, but what the neighborhood wants to be and will work toward with support from the public, private, and non-profit sectors. After a plan document has been developed, compiling information from the process for presentation, IACED will work with local leaders to convene a rollout celebration. The rollout is the “end of the beginning” where the plan is complete and it is time for Midtown to “go public” with their plan, and begin the work of implementation. Local leaders, local funders, the media, local residents, businesses, and non-profits are invited to the rollout to learn what Midtown has decided for its future and engage in implementation. Act Implementation is the hard work. The hallmark of this type of process is that residents and stakeholders have been fully engaged from the beginning and have ownership of the plan. Moving forward and having a structure for accountability and continuous update of the plan is critical to its success. IACED will propose a framework in which the residents and stakeholders can be accountable to one another in the implementation of the plan. Adoption of the plan is a way that the city can formally recognize the plan and commit, on a policy level, to supporting the plan. IACED will present the plan to the plan commission for recommendation. IACED will also present the plan to the city council for adoption in a maximum of two meetings. Craig Phillips, City Planner addressed the Board stating the Consultant Agreement is with the Indiana Association for Community Development for the purpose of conducting a mid-town plan which covers the area bound by 11th street on the north, Coolspring Avenue on the south, Ohio Street on the west and Tilden and Popular on the east. The purpose is to conduct community conversations and collect information with regard to neighborhood issues and priorities that need to be addressed with various business owners and residents in area. The City Council previously approved the funding for this request so we are asking for approval of the contract language so we can get started with this project with IACED. Attorney Lapaich reviewed it and made additions to it. Regular Meeting –May 18, 2015 Page 16 Virginia Keating moved to approve the Consultant Agreement for the mid-town plan for a sum not to exceed $21,000.00 to begin immediately upon execution and terminate March 31, 2016. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. CLAIMS AND PAYROLL Virginia Keating moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). 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 05/12/2015 $437,804.44 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 4 05/14/2015 $729,137.83 1 of 1 05/14/2015 $19,566.70 NEW BUSINESS – Blue Chip Casino would like to add additional person and location to their application for food vendor license The following correspondence was received in the City Clerk’s office on May (NEED TO INSERT HERE) Blue Chip Casino is seeking to add an additional worker to their Vendor contract as well as add an additional place to start selling from. Corporate Counsel Lapaich forwarded to Planning that she reviewed it and did not see any problem with it. They plan on locating at Lighthouse Place over Memorial Day weekend and adding an employee to the original request as granted by this Board. Planning is fine with it. Skyler York, Assistant City Planner stated planning has no issues with it. Virginia Keating moved to approve the request for the Blue Chip Casino Food Truck to be at Lighthouse Place over Memorial Day weekend and to add another employee. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. Regular Meeting –May 18, 2015 Page 17 UNFINISHED BUSINESS – Pending Items Pending Item – Request for vacant lot – Marilyn Whitfield, 320 Ridgeland Avenue requests to use a vacant lot close to her home for gardening. Craig Phillips, City Planner is still working on it. He stated it takes time to look through the through the inventory. Hope to have something at next meeting. Pending Item - 111 Franklin Street Vice-President Palmer inquired if there was anything new to report on 111 Franklin. Craig Phillips, City Planner addressed the Board informing them still waiting for the response for the application for construction design release from the State. We hope to receive that next week or in two weeks. Wait time is typically four weeks. No action until plans are received. Pending Item – Scarby’s, 1716 Franklin to place 3 tables and chairs on sidewalk. Craig Phillips, City Planner met with Dick Scarborough on site and discussed his options with regards to placement of tables. There is enough room for the placement of tables as long as he comes up with a suitable barrier per policy. We discussed various options. He is considering the options and he will be in touch with what he decides. A four (4) foot wide area surrounded by barrier would leave four (4) foot of sidewalk because there is an eight (8) foot sidewalk in front of his business. Pending Item – Zoological Society requests 2 city owned lots for planting apple trees Craig Phillips, City Planner addressed the Board stating he met with Mr. Stimley and Sean from the Zoo staff and looked at two lots potentially looking at letting the Zoological Society use about a week ago. They are looking at what is needed to secure the sight for watering. Meet with City Forester to look at trees on the site. Since then Mr. Phillips received a request to purchase that property from the adjacent property owner. We need to take that into account before we take any actions. Mr. Phillips stated he has not had a chance to review this with Corporate Counsel Lapaich yet. Just received this three days ago. Not sure what this will do and there is a process to dispose of City property and it’s up to the Mayor to decide if he wants to sells City property before seeking permission from the Board. Pending Item – 210 N. Lake temporary drive-way Craig Phillips, City Planner addressed the Board stating he has not talked with the City Engineer yet but has three (3) options for the Randall’s. (1). Installation of a street per City standards which is no different from other requests. (2). Go to Park Board and Park Department for a pathway which is in the Sheridan Beach Land Access Plan which would be just a foot pathway which would take care of their concerns. (3). Install an emergency Regular Meeting –May 18, 2015 Page 18 access only using a grass paved geo grid which allows grass to grow through it. This would be for emergency vehicles only. Otherwise I have no new information at this point. Charles “Spike” Peller City Engineer looked at the property and spoke with Mrs. Randall about they have options at their expense to build a street on their property; talked about BZA in 1987-88 approving 2 homes in the area that required a road extension being built by the owners; stated fire department had some concerns; noted Randall’s want to sell the property to build another house to the north of this property; discussed future plans of land access management plan for Sheridan Beach and future access for foot traffic; building a road cost prohibitive. He stated Park Board has to approve pathway. He stated Randall’s proposal for a temporary road not acceptable. Discussion ensued between Mr. Randall, Craig Philips, City Planner and Charles “Spike” Peller City Engineer regarding his only option. Virginia Keating made a motion based on City Engineer’s recommendation, the City Planner’s recommendation and Corporate Counsel’s recommendation to deny the request for the temporary road and to close this matter at this time noting also that a suggestion was made by the City Planner that the Randall’s could so they choose to contact the Park Board and talk further for the possible installation of a foot path. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. Pending Item – Alzheimer’s Association Walk, Saturday October 3, 2015. Sergeant Havlin, M.C.P.D Traffic addressed the Board and said the organizers have agreed to change their route and stay in the Park and Beach area. Therefore no street closures or Police overtime is needed. Vice-President Palmer stated the certificate of insurance is needed before having event. Virginia Keating stated based on discussion that the route be changed and no street closures will be involved moved to approve the Alzheimer’s Association walk contingent upon receiving the insurance certificate. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. Pending Item – Sign directing drivers to Lake Hills School Charles “Spike” Peller, City Engineer addressed the Board and has not had a chance to look in detail and wants to discuss this with the M.C.P.D. and have not done so yet. Pending Item – Traffic congestion at I-94 Bridge project Charles “Spike” Peller, City Engineer addressed the Board regarding traffic congestion at the I-94 Bridge project; stating they are ready to move traffic over to one (1) span of the bridge while they raze the other span. They are doing the best they can to mitigate traffic congestion. Regular Meeting –May 18, 2015 Page 19 Pending Item – Hilltop/Lake Avenue stairway replacement project Charles “Spike” Peller, City Engineer addressed the Board regarding the Hilltop/Lake Avenue stairway replacement project advising they have completed the handrails and are scheduled Thursday to cut down the trees. Landscape at the top end needs to be finished and by next meeting hope everything will have been taken care of. PUBLIC COMMENTS Vice-President Palmer asked if there was anyone from the public who wished to address the Board. Michael Kuss, General Manager Sanitary District addressed the Board advising June 5th from 8am – 5 pm at Blue Chip Casino sponsoring a conference on the environment. He has pre- registered all Board and City Council members free of charge. More information is available on the website or at the Sanitary District. Michael Kuss, General Manager Sanitary District noted they will be installing a new sewer on 10th street in the alley that runs between Washington and Wabash and 10th Street and 11th Street seeking to close the alley and a portion of 10th street while they replace a sewer line for property Marquette High School owns for a few days. The project is slated to be completed in 30 days. He is waiting for their Board meeting to open bids and expects this to begin early June. Virginia Keating moved to approve the request to close a portion of 10 th street and the alley that runs between Wabash & Washington for the purpose of installing a sanitary sewer. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. Craig Phillips, City Planner addressed the Board to remind them of the notification of the closures on 11th Street for the track replacement from July to August noting this is a courtesy from NICTD and a meeting of all agencies involved are required to attend and will take place tomorrow and reminded the Board that NICTD has the right-a-way and will work with all parties. Kim Sevic of Sevic Gardens and Market at 8th and Wabash was concerned about a vendor getting permission to set-up at US Hwy 12 and Wabash Street and selling produce; noting she pays taxes and having put $1,000’s of dollars into her business; inquiring if the two lots she owns if local farmers want to set-up on her spare piece of property would they need a license. Corporate Counsel Lapaich said if they set-up on her property they would be considered an itinerant vendor and would need a license. Craig Phillips, City Planner stated he would check out the vendor at Hwy 12 and Wabash to see if they are selling vegetables without a permit. Vice -President Palmer asked if there were any other Public comments. There was no response. BOARD COMMENTS Vice-President Palmer wished a get well soon to City Clerk Gale Neulieb and looking forward to her return. Regular Meeting –May 18, 2015 Page 20 Vice-President Palmer asked if there were any other Board comments. There was no response. ADJOURNMENT Vice-President Palmer inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:16 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk