Board of Public Works & Safety

REGULAR MEETING – August 1, 2016 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, August 1, 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 President Steve Janus, who presided. Noted present: Steve Janus, Michael Palmer, and Virginia Keating (3). 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 Craig Phillips, City Planner Sue Downs, Code Enforcement Officer Bob Zondor, Central Services Superintendent Capt. Steve Jesse, M.C.P.D. Traffic Division Kalon Kubik, Administrator Shannon Eason, Park Department Assistant Superintendent Jeff Deuitch, Human Rights Robin Tillman, Transit Director Gale Neulieb, City Clerk Jennifer Clouse, Secretary City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of July 18, 2016. Vice-President Palmer made the motion to approve the minutes as presented. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. OPENING OF BIDS – Cleveland Park Redevelopment Project President Janus asked if anyone present wished to submit a bid at this time, there was no response. Vice-President Palmer made a motion to close the acceptance of bids for the Cleveland Park Redevelopment Project. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board that three (3) bids have been received; they are as follows: Regular Meeting – August 1, 2016 Page 2 Woodruff and Sons $283,865.00 Base Bid Larson Danielson $294,807.00 Base Bid Gariup Construction $427,860.00 Base Bid Vice-President Palmer made a motion to refer the bids to the City Planner, City Engineer, Global Engineering and the City Attorney for their review and tabulation and report back at the August 15, 2016 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. OPENING OF QUOTES – 2016 Michigan City Guardrail Repair Project President Janus asked if anyone present wished to submit a quote at this time, there was no response. Vice-President Palmer made a motion to close the acceptance of quotes for the 2016 Michigan City Guardrail Repair Project. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board stating there were no quotes received. OPENING OF QUOTES – 2016 Ohio Street Retaining Wall Repair Project President Janus asked if anyone present wished to submit a quote at this time, there was no response. Vice-President Palmer made a motion to close the acceptance of quotes for the 2016 Ohio Street Retaining Wall Repair Project. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board that two (2) quotes have been received; they are as follows: Woodruff and Sons $44,433.00 Total Quote Rieth – Riley $34,319.00 Total Quote Vice-President Palmer made the motion to refer the quotes to the City Engineer, City Planner and City Attorney for their review and report back at the August 15, 2016 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Discussion ensued between Vice-President Palmer and Corporate Counsel Amber Lapaich regarding the 2016 Michigan City Guardrail Repair Project where no quotes were received; Counsel Lapaich advised the Board that the City Engineer will decide if the project needs to be re-quoted and then brought back to the Board for approval to re-solicit and approve. OPENING OF QUOTES – 2016 Sidewalk Joint Grinding Repair Project Regular Meeting – August 1, 2016 Page 3 President Janus asked if anyone present wished to submit a quote at this time, there was no response. Vice-President Palmer made a motion to close the acceptance of quotes for the 2016 Sidewalk Joint Grinding Repair Project. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board that two (2) quotes have been received; they are as follows: Precision Concrete, Inc. $30,000.00 Total Quote Counsel Lapaich stated that she wanted to look closer at this and the itemization quote stated $124,500.00 Total; Form 96 states $30,000.00. Corporate Counsel Amber Lapaich stated the second quote was a duplicate quote from Precision Concrete, Inc. Vice-President Palmer made a motion to refer this to the City Engineer, City Planner and City Attorney for review and tabulation and report back at the August 15, 2016 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. SOLICITATION OF BIDS – Bob Zondor, Superintendent of Central Services requesting to solicit bids for the Sale of Surplus Equipment (Part 2) Corporate Counsel Amber Lapaich addressed the Board explaining this was equipment that did not sell from last month’s sale; the reserve has been lowered; asking permission to re- solicit the sale of this equipment. Virginia Keating made a motion to approve the solicitation of bids for surplus equipment, the bids will be accepted until September 6, 2016 at 9:00 am at which time they will be opened. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. VENDOR APPLICATION AMENDMENT – G’s Sandwich Bar is requesting to add one (1) employee to their Mobile Food Vendor License The following Correspondence was received in the City Clerk’s Office on July 26, 2016 by Chris Giannini: This letter is intended to request additional employee(s)/help for G’s Sandwich Bar in the event that our vending services are utilized in larger venues such that more than one person is needed. This request includes Anthony Giannini, son of Chris Giannini and financial supplier of the project. Attached is his driver’s license for review. The number for Anthony is 219-775-2667 and he currently resides at 610 Colfax Unit 6 in Michigan City. The second employee is Anthony M Richards who’s driver’s license is attached for review. Anthony resides at 220 Hopkins Street in Michigan City. Virginia Keating made a motion to approve the vendor application amendment for G’s Sandwich Bar for two additional employees for the Mobile Food Vendor License. The motion Regular Meeting – August 1, 2016 Page 4 was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR SCHOOL ZONE SIGNS – Trish Sprague, representing St. Paul Lutheran School is requesting the placement of school zone signs on N. Franklin Street, E. 9th Street and Pine Street The following Request was received in the City Clerk’s Office on July 22, 2016 by Trish Sprague: Please post signs at 900 block of N. Franklin Northbound; 100 block E. 9 th Street, Eastbound; 200 block E. 9th Street, Westbound; 700 block Pine Street, Southbound; 900 block Pine Street, Northbound. Jim Tomsheck, 818 Franklin Street addressed the Board explaining that since 9th Street and Pine Street have been converted, there are no longer School Zone Signs in the area, requesting these signs be placed before the start of school. Charles “Spike” Peller, City Engineer addressed the Board stating he recommends looking at all the school zones throughout the city; St. Paul School will be the first area Mr. Peller looks at. Discussion ensued between Charles “Spike” Peller and the Board with concerns about when the signs would be installed and the start of school, Vice-President Palmer stated that the signs can be ordered and ready to install once this is approved. Vice-President Palmer made a motion to place the request for school zone signs on the Pending Items List. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Candice Silvas, The Salvation Army, is requesting the closure of Greene Street from Washington to Franklin Streets to hold their annual block party on Sunday, September 4, 2016 from 10:00 am – 5:00 pm The following Request was received in the City Clerk’s Office on July 20, 2016 by Candice Silvas: The Salvation Army of Michigan City is respectfully asking for closure of the 100 block of Greene Street from Franklin Street to Washington Street for our annual block party. This is a free community event with food, games and live music. We will have required insurance/liability paperwork filed with the city submitted with this application. Candice Silvas, representing the Salvation Army of Michigan City addressed the Board requesting the closure of Greene Street from Franklin to Washington Streets for the Annual Block Party; asking for approval. Capt. Steve Jesse, M.C.P.D. Traffic Division addressed the Board stating he had no concerns with this request. Discussion ensued between Vice-President Palmer and Corporate Counsel Amber Lapaich regarding the liability limits; Corporate Counsel Amber Lapaich stated there is umbrella coverage with this policy and was ok with the coverage. Regular Meeting – August 1, 2016 Page 5 Virginia Keating made a motion to approve the request for street closure for the Salvation Army closing Greene Street from Washington Street to Franklin Street on Sunday, September 4, 2016 from 10:00 am – 5:00 pm for the Annual Block Party. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST TO UTILIZE SIDEWALK – Leigh Coburn, representing Homeward Bound is requesting to utilize sidewalks for the Annual Sidewalk Shopping Cart Walk on Saturday, September 17, 2016 from 11:00 am – 12:00 pm The following Request was received in the City Clerk’s Office on July 19, 2016 from Leigh Coburn: Fundraiser to fight homelessness. Decorated shopping carts proceed north from St. Paul Church (8 th Street) on Sidewalk to 4th Street – on east side of Franklin – return to church on west sidewalk – No Street Closures and no extra police needed. Leigh Coburn, representing Homeward Bound addressed the Board that this is the annual fundraiser to raise awareness of the homeless situation; explaining the route; asking for approval. Capt. Steve Jesse, M.C.P.D. Traffic Division addressed the Board stating he had no concerns with this request. Virginia Keating made a motion to approve the request for Homeward Bound to use the sidewalks for the Annual Shopping Cart Walk on Saturday, September 17, 2016 from 11:00 am – 12:00 pm. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. PURCHASE AGREEMENT – Purchase Agreement between the City of Michigan City, Indiana and Ken Thompson for an Art Sculpture Corporate Counsel Amber Lapaich addressed the Board explaining the agreement; the Public Art Committee will pay for the sculpture that is currently on lease; asking for approval. Shannon Eason, Assistant Superintendent addressed the Board stating she was representing the Public Art Committee and the sculpture is currently in storage at the Park Maintenance facility; trying to figure out a way to place it on Franklin and 7th Streets but there are mounting issues; this location has been previously approved. Discussion ensued between Corporate Counsel Amber Lapaich and the Board about wording in the contract. Vice-President Palmer made a motion to approve the Purchase Agreement between the City of Michigan City and Ken Thompson for his sculpture as well as amending the agreement to state “in the City”. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. CONTRACT APPROVAL – Requesting the approval of a contract between the State of Indiana Department of Transportation and the City of Michigan City regarding the Singing Sands Trail Project (Des #0301165) Regular Meeting – August 1, 2016 Page 6 Corporate Counsel Amber Lapaich addressed the Board stating the Board previously approved an agreement very similar; this agreement changes the dates for the project; this is Phase I of the project; asking for approval. Virginia Keating made a motion to approve the contract between the State of Indiana Department of Transportation and the City of Michigan City regarding the Singing Sands Trail Project; effective dates of the contract are July 1, 2016 thru June 30, 2017, additional dates are July 1, 2017 thru June 30, 2019. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. FORMAL PUBLIC HEARING – Regarding the sale of City owned property located on Fogarty Street (Parcel ID# 460121361005000022) Discussion ensued between the Board and Corporate Counsel Amber Lapaich regarding trying to sell this property again. President Janus asked if anyone present would like to comment on the sale of this city owned property; there was no response. Vice-President Palmer made a motion to close the Formal Public Hearing regarding the sale of city owned property of Fogarty Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Vice-President Palmer made a motion to prepare for the sale of the Fogarty Street property and have the City Attorney make all the necessary arrangements. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. SOLICITATION OF BIDS – Robin Tillman, Director of Michigan City Transit is requesting to solicit bids for the installation of Bus Stop Signage along the Michigan City Transit System fixed route service Corporate Counsel Amber Lapaich addressed the Board asking that this request be TABLED until the next meeting on August 15, 2016. Virginia Keating made a motion to TABLE the request to solicit of bids for Bus Stop Signage along the Michigan City Transit System fixed route service. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. SOLICITATION OF BIDS – Robin Tillman, Director of Michigan City Transit is requesting to solicit bids for installation of a Bus Shelter located on Westwind Dr. in Michigan City Corporate Counsel Amber Lapaich addressed the Board asking that this request be TABLED until the next meeting on August 15, 2016. Virginia Keating made a motion to TABLE the request to solicit bids for the installation of a Bus Shelter located on Westwind Dr. in Michigan City. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – August 1, 2016 Page 7 SOLICITATION OF BIDS – Robin Tillman, Director of Michigan City Transit is requesting to solicit bids for the purchase of two (2) Medium-Heavy Duty Transit Buses Corporate Counsel Amber Lapaich addressed the Board stating the specifications have been reviewed; Counsel Lapaich is ok with the Board approving the solicitation of bids subject to Counsel Lapaich’s ultimate approval; some language does need to be changed so the approval would be subject to Counsel Lapaich’s approval. Discussion ensued between the Board and Corporate Counsel Amber Lapaich about funding. Virginia Keating made a motion to approve the solicitation of bids for two (2) Medium-Heavy Duty Transit Buses subject to the approval of the City Attorney. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. EQUIPMENT AGREEMENT – Royce Williams is requesting approval of a five (5) year copier contract with Konica Minolta for the New Michigan City Police Station (NOTE: Tabled at the July 18, 2016 meeting) Vice-President Palmer made a motion to take the Equipment Agreement off the Table for discussion. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Vice-President Palmer addressed the Board stating the contract is no longer valid. Vice-President Palmer made a motion to remove the Equipment Agreement from the Agenda as the Police Department will present a different proposal at a later time. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: Motion Carries. AGREEMENT – Agreement for a Non-Exclusive License Granted by the Board of Commissioners, Michigan City Sanitary District to the Michigan City Board of Works, for the benefit of the Michigan City Animal Control Board for the purpose of using the premises of Striebel Pond for a fundraiser Corporate Counsel Amber Lapaich addressed the Board explaining this is a temporary license agreement; Animal Control Board will be hosting a dog walk fundraiser on Saturday, September 17, 2016 from 11:00 am – 2:00 pm. Discussion ensued between the Board and Corporate Counsel Amber Lapaich regarding why the Board was involve with this agreement and who could sign contracts. Charles “Spike” Peller, City Engineer addressed the Board as a board member of the Sanitary District that the hours were going to be 11:00 – 3:00 pm; the Sanitary Board has approved this and are looking for this Board to approve. Virginia Keating made a motion to approve the temporary license between the Sanitary Board of Directors and the Animal Control to conduct a dog-walk event on Saturday, September 17, 2016 from 11:00 am – 3:00 pm at Striebel Pond. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – August 1, 2016 Page 8 CLAIMS AND PAYROLL Vice-President Palmer 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 Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer 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 3 08/01/2016 $205,382.99 1 of 8 07/22/2016 $426,964.34 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 1 07/22/2016 $521,852.01 1 of 3 08/01/2016 $110,838.78 1 of 1 07/28/2016 $7,891.60 UNFINISHED BUSINESS Anticipated Street Closure Schedule for 11th Street – Jeff Oltmanns, Global Engineering Jeff Oltmanns, Global Engineering addressed the Board updating them that a pre-construction meeting was held last week with the contractor; contractor is working with NICTD to coordinate schedules; requesting to have item remain on Pending Items List and will continue to report back. Two-Way Street Conversion Craig Phillips, City Planner addressed the Board with an update; Primera has put together a punch list of items to be taken care of which includes the items listed on the Pending Items list including the Yield Signs, Intersection Markings at 11th Street and Washington Street, Pine Street and 7th Street, and a hand full of other items. President Janus asked about holes that are located on Pine Street; Mr. Phillips was not aware of these and stated he would check on this issue. Trash Cans in Farmer’s Market Craig Phillips, City Planner addressed the Board stating this will be on the Redevelopment Commissions August 8, 2016 agenda for consideration; if approved Mr. Phillips will return with a request for approval from the Board of Works. Regular Meeting – August 1, 2016 Page 9 Public Piano Art Project Craig Phillips, City Planner addressed the Board stating he has not heard anything more about this; Mr. Phillips will reach out to find out what the status of this project is. No Parking Signs on Warren Rd. up to Rue Du Lac West Craig Phillips, City Planner addressed the Board stating he has looked into whether Rue Du Lac West is a private street and it is a private street, the concern is people are parking on Warren Road between Lake Avenue and Rue Du Lac West. Charles “Spike” Peller, City Engineer addressed the Board recommending the placement of “No Parking” Signs on Warren Road up to the north side to Rue Du Lac West. Discussion ensued between the Board, Craig Phillips and Charles Peller regarding placement of the signs; which side of the street to place the signs; how many to place. Richard Johnson, 101 Rue Du Lac West addressed the Board explaining where the parking concerns are occurring. Vice-President Palmer made a motion to approve the “No Parking” Signs on Warren Road from Lake Avenue to Rue Du Lac West on both sides of the street so there are no problems. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Access to Alley/Wall Encroachment Charles “Spike” Peller, City Engineer addressed the Board explaining the petition; Mr. Peller believes there is an encroachment; not sure what the next step would be. Craig Phillips, City Planner addressed the Board explaining this kind of encroachment exist throughout Sheridan Beach; this issue has existed for a long period of time; not sure if this is something that can be solved today, it is an unapproved alleyway that is not being used as a driving surface. Ed Pokorny, 905 Colfax addressed the Board about concerns accessing his property. Discussion ensued between Ed Pokorny and Craig Phillips about how the property is currently accessed; Mr. Pokorny explained to Mr. Phillips how this is achieved stating it cannot be accessed from the back; Mr. Pokorny stated there is a possibility for improvements on the back of his house by extending it but more important, parking at the rear of his property; Mr. Phillips asked Mr. Pokorny if he was proposing to construct an alley at his expense explaining no one can drive on an unapproved alley. Corporate Counsel Amber Lapaich advised Mr. Pokorny if he has future concerns to make an appointment with Mr. Phillips to go over the details. Vice-President Palmer made a motion to remove the Access to Alley/Wall Encroachment off the Pending Items List and to instruct Code Enforcement to clean the property up. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – August 1, 2016 Page 10 Street Light at Autumn Trail and Coolspring Avenue Charles “Spike” Peller, City Engineer addressed the Board explaining the recommendation on where to place the street light. Vice-President Palmer made a motion to approve the street light installation at Autumn Trail and Coolspring Avenue per the diagram submitted by the City Engineer. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. PUBLIC COMMENTS Don Hughes, Precision Concrete Cut addressed the Board regarding his bid calculation. Capt. Steve Jesse, M.C.P.D. Traffic Division addressed the Board asking for the closure of the northbound lane of Washington Street from 9th Street to Hwy 12 on Saturday, August 6, 2016 from 5:30 pm – 7:30 pm for the Boat Parade. Vice-President Palmer made a motion to approve the request by Capt. Jesse to close the northbound lane of Washington Street from 9th Street to Hwy 12 on Saturday, August 6, 2016 from 5:30 pm – 7:30 pm for the Boat Parade. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Craig Phillips, City Planner addressed the Board about ADA access around the city schools; the area around Marsh School was noticed by Mr. Phillips over the weekend; would like to add York and Barker Streets to the ADA sidewalks list. BOARD COMMENTS Vice-President Palmer appreciates all the hard work the city team has been doing; they expect a good crowd for the Super Boat Race; everyone enjoy the food and festivities. President Janus expressed concerns about sprinkler heads along Franklin Street that are not working properly. President Janus expressed concerns about a dead tree at the corner of Earl Road and Ohio Street; asking someone to look at. ADJOURNMENT President Janus inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:03 am). Virginia Keating made the motion to adjourn. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Regular Meeting – August 1, 2016 Page 11 Gale A. Neulieb, City Clerk