Board of Public Works & Safety

REGULAR MEETING – May 16, 2016 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, May 16, 2016 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 A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, City Attorney Russ Hatfield, Code Enforcement Officer Charles “Spike” Peller, City Engineer Jessica Gage, Assistant City Planner Kalon Kubik, Administrator Craig Phillips, City Planner Sue Downs, Code Enforcement Officer Kyle Kazmierczak, M.C.F.D. Bob Zondor, Central Services Superintendent Mark Tomsheck, Cemetery Superintendent Chief Mark Swistek, M.C.P.D. Frank Seilheimer, City Forrester Gale Neulieb, City Clerk Jennifer Clouse, Secretary City Clerk APPROVAL OF MINUTES Vice-President Palmer asked if there were any corrections to the minutes of the Regular meeting of May 2, 2016. Virginia Keating made the motion to approve the minutes as presented. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion carries. PRESENTATION OF QUOTES – Frank Seilheimer will be presenting quotes for the 2016 Greenwood Cemetery Tree Removal Project Vice-President Palmer asked if anyone present wished to submit a quote at this time, there was no response. Virginia Keating made a motion to close the bidding process for the 2016 Greenwood Cemetery Tree Removal Project. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich presented the Board with three (3) quotes, as follows: Knoll and Sons Tree Service Base Project includes Tree Removal $133,330.00 Regular Meeting – May 16, 2016 Page 2 Stump Removal $8,003.00 Total $141,333.00 A-1 Loggin and Tree Service Base Project includes Tree Removal $106,000.00 Stump Removal $15,900.00 Total $121,900.00 Tree Mann Inc. Base Project includes Tree Removal $102,871.00 Stump Removal $19,186.00 Total $122,057.00 Virginia Keating made a motion to refer these quotes to the City Forrester and the City Attorney for review and report back at the next Board of Works meeting on June 6, 2016. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. AWARDING OF BIDS – 2016 Michigan City Sidewalk Program Charles “Spike” Peller, City Engineer addressed the Board explaining that this is the on call sidewalk program; recommending the Board award the contract to Rieth-Riley Construction as the lowest most responsive bidder with a bid of $111,236.80. Virginia Keating made a motion to award the 2016 Michigan City Sidewalk Program contract to Rieth-Riley Construction in the sum of $111,236.80 being the lowest most responsive bidder. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. SOLICITATION OF BID – Bob Zondor, Superintendent Central Services is requesting the solicitation of bids for the sale of Excess Vehicles Corporate Counsel Amber Lapaich addressed the Board explaining some of the vehicles were the Sanitary Districts and they agreed to include these vehicles in the solicitation for disposal; asking for approval. Virginia Keating made a motion to approve the solicitation of bids for the sale of Excess Equipment and Vehicles by Central Services Superintendent Bob Zondor. 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 – Daniel Nieding, Village Green Neighborhood Association is requesting additional street lighting The following Request was received in the City Clerk’s Office on May 4, 2016 by Daniel Nieding: Additional street lighting (see map example and legend). Charles “Spike” Peller, City Engineer addressed the Board suggesting further review; requesting M.C.P.D. review if there is a safety concern with this area. Daniel Nieding, 3561 Hampden Rd. addressed the Board explaining his request; stating there are only street lights at the corners and the long streets are dark except for the yard lights adding most of them are in poor condition; Mr. Nieding explained his concern for safety. Regular Meeting – May 16, 2016 Page 3 Vice-President Palmer explained that Mr. Peller would sit down with the Village Green Neighborhood Association and coordinate where some lights could be placed; explaining funding is limited this year but the City will do the best they can. Virginia Keating made a motion to TABLE this request regarding the request for street lights in Village Green till the June 6, 2016 meeting. 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 CLOSURE – Bruce Wren, Dads About Business is requesting the closure of Willard Avenue on June 3, 2016 from 9:00 AM – 11:00 AM for Bike Ride The following Request was received in the City Clerk’s Office on May 11, 2016 by Bruce Wren: Dads About Business will be hosting a bike ride for all ages June 3, 2016, we are asking that Willard Ave be closed from 9:00 AM – 11:00 AM if not closed then some type of traffic control from 9:00 AM – 11:00 AM Bruce Wren, 415 Vail Street addressed the Board explaining this is a BBQ allowing children to ride their bikes from Pullman Field to Striebel Pond and back. Discussion ensued between Vice-President Palmer, Bruce Wren, and Police Chief Swistek regarding Receipt of Proof of Insurance and concerns about the children’s safety with the route explained. Virginia Keating made a motion to deny the request for street closure of Willard Avenue on June 3, 2016 from 9:00 AM – 11:00 AM based on safety concerns and also making the recommendation that Mr. Wren look into using Striebel Pond. 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 PERFORMERS – Sarah Weaver, Michigan City MainStreet Association is requesting to have street performers on First Fridays on June 3, July 1, August 5, September 2, October 7, and November 4 The following Request was received in the City Clerk’s Office on May 11, 2016 by Sarah Weaver: We are requesting permission to have 3-4 street performers at the First Friday’s art walk. These performers would be set up in locations around the district to add to the atmosphere of the event. Some street performers may need electricity. Sarah Weaver, Michigan City MainStreet Association explained the request; asking for approval. Discussion ensued between Virginia Keating and Corporate Counsel Amber Lapaich about insurance issues. Virginia Keating made a motion to approve the request for MainStreet Association to have street performers on First Fridays beginning June 3, July 1, August 5, September 2, October 7 and November 4 pending the City Clerk’s Office receives the Certificate of Liability Insurance naming the City as an additional insurer; as well as using the electricity. The Regular Meeting – May 16, 2016 Page 4 motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. REQUEST FOR WALK – Kay Hill, Stepping Stone Shelter is requesting to hold the 3rd Annual Step into the Night Walk on June 3, 2016 from 6:00 PM – 7:00 PM The following Request was received in the City Clerk’s Office on May 11, 2016 by Kay Hill: 3rd Annual Step into the Night Walk. This walk brings awareness to Sexual Assault. Walking from 710 Franklin to courthouse and same route returning to Health Linc. City Clerk Gale Neulieb stated Kay Hill was not present however Ms. Hill would be using the same route as in the past. Discussion ensued between Vice-President Palmer and Corporate Counsel Amber Lapaich about this interfering with First Fridays, suggesting the time be changed or the date be changed. Police Chief Mark Swistek addressed the Board stating in the past the walker numbers were low, the sidewalks could handle this amount of people, suggesting maybe to split the walkers into two groups otherwise agreeing First Fridays is a popular event and the sidewalks are congested during this time. Virginia Keating made a motion to approve this request but modifying this for June 3, 2016 from 4:00 PM – 5:00 PM. 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 PURCHASE PROPERTY – Clarisse Rivers, 1204 Tryon Road is requesting to purchase city property at 114 Ridgeland Avenue The following Request was received in the City Clerk’s Office on May 11, 2016 by Clarisse Rivers: To purchase city property next to my property located @ 114 Ridgeland Avenue. I have been cutting the grass for the past 10 years to keep the area neat. Clarisse Rivers, 1204 Tryon Road addressed the Board explaining why she would like to purchase the property. Corporate Counsel Amber Lapaich requested this be referred to the Planning Department and the City Attorney. Virginia Keating made a motion to refer this matter to the Planning Department and the City Attorney and report back at the June 6, 2016 meeting. 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 CLOSURE – Kyle Kazmierczak, Michigan City Fire Department is requesting the closure of 2nd Street for the 2016 Fire Fest Street Dance on July 2, 2016 from 2:00 PM – 11:00 PM The following Request was received in the City Clerk’s Office on May 9, 2016 by Kyle Kazmierczak: Regular Meeting – May 16, 2016 Page 5 The Michigan City Fire Department would like to request that 2 nd Street, North of Shoreline Brewery, between the streets of Wabash and Washington, be closed on July 2 nd, 2016 to accommodate for our Fire Fest. The fest will begin at 2:00 PM and conclude at 11:00 PM. We have discussed this closure with Sam Stupeck, co- owner of Shoreline Brewery, and have gained his permission to use his site for food trucks and a beer garden. Enclosed you’ll find photos of the area in question. This is a City supported event, it would fall under the City of Michigan City’s proof of insurance. If you have any questions regarding this matter, you can contact me; Kyle Kazmierczak at 219-898-1263. Thank you, Kyle Kazmierczak Kyle Kazmierczak, Michigan City Fire Department addressed the Board explaining the request; the location of the 2016 Fire Fest was explained; asking for approval. Craig Phillips, City Planner addressed the Board stating he did not believe closing 2nd Street from Wabash to Washington Street would have any impact on traffic. Discussion ensued between Vice-President Palmer and Corporate Counsel Amber Lapaich regarding insurance; Counsel Lapaich stated she has talked with Charlie Keene; and this will fall under Shoreline Brewery but the city does have liquor liability. Police Chief Mark Swistek stated he has no concerns with this request. Virginia Keating made a motion to approve the request for July 2, 2016 for the closure of 2nd Street North of Shoreline Brewery between Washington and Wabash Streets from 2:00 PM - 11:00 PM for the 2016 Fire Fest Street Dance and Shoreline Brewery will provide the City with a copy of their Certificate of Liability Insurance. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. VENDOR LICENSE – Christine Giannini, G’s Sandwich Bar is requesting a Mobile Food Vendor License Vice-President Palmer asked if anyone was present from G’s Sandwich Bar, there was no response; there were some concerns about missing information from the application. Virginia Keating made a motion to TABLE this request for a vendor license until the June 6, 2016 meeting. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. GRANT AGREEMENT – Grant Agreement between the Michigan City Board of Public Works and Safety and the Michigan City Area Schools regarding the updating of the school’s Information Technology Equipment, Programs, and Infrastructure Corporate Counsel Amber Lapaich addressed the Board explaining the agreement; asking for approval. Virginia Keating made a motion to approve the Grant Agreement between the Michigan City Board of Public Works and Safety and the Michigan City Area Schools regarding the updating of the school’s Information Technology Equipment; funding through Ordinance 4375 passed by the City Council; funding being $500,000.00 coming from the Boyd Development Fund. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. AMENDMENT – First Amendment to the City of Michigan City and the Michigan City MainStreet Association Farmer’s Market Operation Agreement Regular Meeting – May 16, 2016 Page 6 Corporate Counsel Amber Lapaich addressed the Board explaining the Operating Agreement; adding it changes who is responsible for the NIPSCO bill; asking for approval. Virginia Keating made a motion to approve the First Amendment to the City of Michigan City and the Michigan City MainStreet Association Farmer’s Market Operation Agreement, the amendment would be to delete the provision obligating MainStreet Association to pay the NIPSCO service bills at the Farmer’s Market on Washington and 8th Streets. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. CORRESPONDENCE – Received from the City Attorney Amber Lapaich-Stalbrink regarding the review of Fuel Bids The following Correspondence was received in the City Clerk’s Office on May 6, 2016 by Attorney Amber Lapaich-Stalbrink: On May 2, 2016, the Board of Public Works and Safety received and opened four (4) bids from the following vendors: Al Warren Oil Co., Inc.; Petroleum Traders; Co-Alliance; Knoll Bros, Inc. After reviewing the document submitted by the aforementioned vendors, despite what was required by the Bid Specifications & Instructions, Al Warren Oil Co. Inc. failed to sign and return the following documents 1) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion; 2) Equal Opportunity Clause to be Included in Public Contracts; 3) Non-Investment in Iran; 4) Non-Collusion Affidavit; 5) Affirmative Action and Equal Employment Opportunity Policy Statement. These documents are required by either federal law, state law, and/or our ordinances. Unfortunately, Al Warren Oil Co. Inc., should be excluded as non-responsive because they failed to sign and return these documents. Pursuant to I.C. 5-22-17-10, I believe the Board of Public Works & Safety should accept only the following vendors as responsible and responsive for purposes of competitively procuring City fuel: Petroleum Traders; Co-Alliance; Knoll Bros, Inc. Very truly yours, Amber L. Lapaich-Stalbrink Corporate Counsel Amber Lapaich addressed the Board explaining three (3) of the four (4) bidders properly submitted all documentation. PURCHASE AGREEMENT – Agreement for Purchase and Delivery of Fuel between the City of Michigan City and Petroleum Traders Corporation; Knoll Brothers Inc.; and Co- Alliance LLP Vice-President Palmer stated the Purchase Agreement would be good from May 16, 2016 thru May 16, 2017 for the three (3) companies that submitted the proper documentation. Virginia Keating made a motion to approve the Purchase Agreements between the City of Michigan City; Petroleum Traders Corporation; Knoll Brothers Inc.; and Co-Alliance LLP for the purchase and delivery of fuel with an effective date of May 16, 2016 thru May 16, 2017. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. AGREEMENT – Agreement between the Michigan City Board of Public Works & Safety and Rieth-Riley Construction Co. Inc. upgrading the existing ADA ramps along Franklin Street Charles “Spike” Peller, City Engineer addressed the Board asking for the contract to be signed. Corporate Counsel Amber Lapaich stated the agreement was fine. Regular Meeting – May 16, 2016 Page 7 Virginia Keating made a motion to approve the agreement between the Michigan City Board of Public Works and Safety and Rieth-Riley Construction Co. Inc. for upgrading the existing ADA ramps along Franklin Street in the sum of $95,525.00 that being the lowest most responsive bid. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. CORRESPONDENCE – Received from Mayor Ron Meer’s Office regarding the American Red Cross blood drive on June 17, 2016 from 11:30 AM to 4:30 PM at City Hall The following Correspondence was received in the City Clerk’s Office on May 10, 2016 by Mayor Ron Meer: City Hall and the American Red Cross are hosting an upcoming blood drive. Please join us in honoring Fallen Officer’s for the State of Indiana at our local blood drive that will be held here in City Hall in the EOC room on June 17, from 11:30 AM to 4:30 PM. WE challenge all city workers and the public to make a lifesaving gift of blood. For further questions, call Liz at the Mayor’s Office, and schedule your appointment at redcrossblood.org (For Information 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 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 05/13/2016 $419,074.05 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 5 05/20/2016 $1,278,892.76 1 of 1 05/18/2016 $28,579.83 1 of 1 05/06/2016 $787,696.38 UNFINISHED BUSINESS Speed Control on Blaine Street Craig Phillips, City Planner addressed the Board stating he has been working with Haas & Associates to come up with a solution; recommending signage along Blaine Street for traffic control; asking for approval to place signage. Regular Meeting – May 16, 2016 Page 8 Discussion ensued between Vice-President Palmer and Craig Phillips concerning funding; and how long it would take for the signage to arrive and be installed. Virginia Keating made a motion to approve the recommendation of the City Planner for signage on Blaine Street for speed control. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2) NAYS: None (0). Motion Carries. 111 Georgia Ave Craig Phillips, City Planner addressed the Board stating he is waiting to hear back from the property owner; will report back at the June 6, 2016 meeting Virginia Keating made a motion to have the City Planner report back at the June 6, 2016 meeting. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Palmer and Keating (2). NAYS: None (0). Motion Carries. Two-Way Street Conversion Project Update Craig Phillips, City Planner along with K-Todd Behling and Brad Minnick from Primera Engineering presented the Board with the press release for the conversion; using a combination of the press release as well as signage to notify traffic of the conversion; the goal is to convert the road way the week of June 13th. Mr. Phillips updated the Board on the construction improvements at City Hall regarding the turn lane on Hwy 12; the removal of the driveway on the east end of City Hall; and curb cut at the Police Station all scheduled to occur right after Memorial Day. Discussion ensued between Craig Phillips, Brad Minnick and Vice-President Palmer in regards to the lane restrictions on Pine and Washington Street as well as striping and paving of these streets. Discussion ensued between Craig Phillips, Vice-President Palmer and Corporate Counsel Amber Lapaich regarding the placement of additional stop signs; and approval of these signs; with Mr. Phillips agreeing to put a list together on the locations of the additional signs. Vice-President Palmer asked that this remain on the Pending Items List for the next meeting which is June 6, 2016, so the Board might get an update on the conversion. Mr. Phillips also addressed the Board about concerns with traffic cutting other traffic off to get into the travel lane on north Franklin Street; this will be alleviated when the conversion takes place explaining how this will happen. PUBLIC COMMENTS Craig Phillips, City Planner received notification from NICTD about continuing the track rebuilding project along 11th Street from Lafayette Street to Michigan Boulevard; recommending that it would be in the City’s best interest to do the repaving project; street scaping would not be necessary; sidewalks and lights need to be determined necessary. Kalon Kubik, Administrator stated Mayor Meer would be delivering the State of the City address on Tuesday, May 17, 2016. Regular Meeting – May 16, 2016 Page 9 BOARD COMMENTS Vice-President Palmer stated a phone call was received from First Presbyterian Church about trash left from the Farmer’s Market; asking Sarah Weaver if trash cans were needed. Sarah Weaver stated if there were some extra garbage can available, it would be useful. Vice-President Palmer asked Ms. Weaver to check on this and report back at the next meeting. 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 10:00 am). 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: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk