Board of Public Works & Safety

REGULAR MEETING – November 19, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, November 19, 2018, at the hour of 8:30 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Janus, who presided. Noted present: Steve Janus, Rich Murphy and Virginia Keating (3) Absent: NONE (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sergeant Darren Kaplan, M.C.P.D. Kevin Urbancyzk, Assistant Chief, M.C.P.D. Sue Downs, Code Compliance Officer Charles Peller, City Engineer Paul Ruane, Associate Planner Skyler York, Assistant City Planner Robin Tillman-Barzoni- Transit Director John Gorczyca, M.C. Sanitary District Steve Stanford, M.C. Sanitary District Robert Zondor, Superintendent, Central Maintenance Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of November 5, 2018, Special meeting on November 9, 2018. Executive Session on November 5, 2018 and Executive Session on November 9, 2018. Vice-President Murphy made the motion to approve the minutes from the November 5, 2018 Regular meeting, the November 9, 2018 Special Meeting, the November 5, 2018 Executive Session and the November 9, 2018 Executive Session. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. HANDICAP PARKING APPEAL – Ariel White, 1707 Tennessee Street is requesting approval for handicap sign for curbside bus pickup in front of her residence for her son who is handicapped to ensure his safety when he is picked up and dropped off for school Charles “Spike” Peller, City Engineer addressed the Board stating he looked at this situation and stated if cars are parked in front of their homes, it may hinder the pickup and delivery of their son; advising you normally go through Central Services to get a handicap parking space; explaining this is a little different situation; recommending approval. Sergeant Darren Kaplan, M.C.P.D., addressed the Board stating that he spoke with Captain Jeff Loniewski, M.C.P.D., and in the past if the individual had off road parking (a driveway) then it’s typically not approved; secondly if a twenty (20) foot handicapped parking space were approved, a forty (40) foot bus couldn’t pull in that space if other cars were parked there; explaining if the bus stops in the street, that will stop traffic in the opposite direction, making it safer because the traffic will be stopped in both directions; advising because of these scenarios, Captain Loniewski is recommending denial of this request. Virginia Keating made the motion to deny the request for the handicap parking at 1707 Tennessee Street based on the recommendation of the Michigan City Police Department. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. IMPROVEMENTS TO CITY EASEMENT- Bunny Dimke, 405 Lake Hills Road is requesting a path on City owned property located at the end of Warren Road to improve and allow access for non-motorized traffic (strollers, wagons, walkers, etc.) Bunny Dimke, 405 Lake Hills Road addressed the Board stating that Beachwalk is private property and they are gating the access to the beach; advising a path would be an asset to the neighborhood; explaining at the height of the season, the path is overgrown with brush; she is requesting the brush be cut back and possibly laying down wood chips for the path; Charles “Spike” Peller, City Engineer addressed the Board stating he looked at the situation and does not have a feel for the cost; asking for this to be referred to his department for review and recommendation. Skyler York, Assistant City Planner addressed the Board asking for this to be referred to the City Engineer and Planning Department, so they can look at it and get some estimates and ideas. Councilman Don Przybylinski, 215 Gardena Street addressed the Board stating that Ms. Dimke and himself met and took a walk down the path; advising it is about 90-100 yards long; explaining he  Page 2 believes putting mulch down would be sufficient; further stating now that Beachwalk is there, traffic control on Lakeshore Drive is an issue; there is a lot of traffic congestion; further advising this would eliminate that; asking for various departments to take a good hard look at this. Vice-President Murphy made the motion to refer this request to Planning and Engineering for their review and recommendation; advising this request is in line with documents such as the Marquette plan and the Lake Michigan Gateway Implementation strategy which stresses the importance of public access; stating this request allows walking access from the adjacent neighborhoods to the beach which allows the residents quality of life. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPROVAL FOR ADDITIONAL EMPLOYEES – Ron Landtroop, A Slice of Heaven is requesting approval to hire additional employees on his vendor license Virginia Keating made the motion to approve request for additional employees for Ron Landtroop, A Slice of Heaven on his vendor license. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SIDEWALK CLOSURE REQUEST – Josh Veselsky, Vero Design & Build, LLC. Chicago, Il is requesting approval to close the sidewalk at 401 Franklin Street (Leeds Restaurant) along 4th Street until March 2019 for renovations Mike Turner, Vero Design & Build, LLC. addressed the Board requesting permission to close the sidewalk only if they have a gas meter that has to be re-located to that side; otherwise, they wouldn’t require the closure; stating they will be using a canopy on scaffolding to protect the sidewalk from any restoration work; explaining this is more complicated than what was stated initially; advising this has to do with a gas meter being relocated during excavation for new construction on the property; further stating if the sidewalk cannot be closed, he has alternative plans for relocating the gas meter on that side of the building; further advising that is up to NIPSCO. Discussion ensued between President Janus and Mr. Turner regarding why this will take five (5) months. Mr. Turner explained once the gas meter is relocated because the excavation goes through the gas line, they need to build a wall to have the new gas meter secured properly; advising therefore it could take an estimated five (5) months; further stating the sidewalk doesn’t necessarily have to be closed if they can make accommodations with NIPSCO. Skyler York, Assistant City Planner addressed the Board stating NIPSCO will not put in the meter until there is significant completion; advising the nearest gas line is down 4th Street so that is the closest location for a temporary meter. Discussion ensued between President Janus and Mr. York regarding if he will be monitoring the work as it goes along. Mr. York responded, yes. Mr. York advised they are going to tuck point the entire building. Vice-President Murphy made the motion to approve the sidewalk closure request by Vero Design and Build, LLC., for the sidewalk at 401 Franklin Street (Leeds Restaurant) under the guidance and approval of the Planning Department. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF BIDS- Demolition of 2011 Wabash Street President Janus addressed the Board stating the recommendation by Corporate Counsel, Amber Lapaich and Sue Downs, Building Commissioner is to award the bid to Smith and Sons in the amount of $12,400.00; subject to receipt of the revised Certificate of Insurance. Vice-President Murphy made the motion to accept the awarding of bid for 2011 Wabash Street to Smith and Sons in the amount of $12,400.00; subject to the revised Certificate of Insurance. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF BIDS- Demolition of 224 Willard Avenue President Janus addressed the Board stating the recommendation from Corporate Counsel, Amber Lapaich and Sue Downs, Building Commissioner is to award the bid to Smith and Sons; advising they were the lowest most responsive bidder in the amount of $7,900.00. Virginia Keating made the motion to award the bid for the demolition of 224 Willard Avenue to Smith and Sons in the sum of $7,900.00; subject to the receipt of the revised Certificate of Insurance. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – 2018 Fuel Procurement for Unleaded & Diesel Fuel- Rebid of Project President Janus asked if there was anyone wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the bids. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. President Janus addressed the Board stating that (4) sealed bids were received as follows:  Page 3 Al Warren Oil Company, Inc. Petroleum Traders Corporation Co-Alliance LLP. Knoll Brothers, Inc. Virginia Keating made the motion to refer the bids to Robert Zondor, Superintendent, Central Maintenance for review and recommendation; the bids received will be used to create a pool of suppliers. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SALE PRICE ON CITY OWNED PROPERTY / APPROVE PUBLICATION- Requesting the Board of Public Works and Safety set a bid price for the sale of 131 Edward Street and requesting approval for the notice of publication Virginia Keating made the recommendation to set the bid price at the assessed value of the property which is $9,400.00 plus $100.00 for fees to advertise; stating the total will be $9,500.00; in addition this, this is the highest and best use of the track of land to sell to the abutting land owners; advising the cost of the public maintaining the track exceeds the estimated fair market value; this is economically unjustifiable to sell this track on section (4) of I.C. Code 36-1-11-5; also approving the advertisement dates of November 21 & 28, 2018. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. INTERLOCAL AGREEMENT – Approval of Interlocal Agreement between the City of Michigan City, Indiana and Michigan City Area Schools to increase the number of School Resource Officers to two (2) for a term of 2 years effective January 1, 2019 through December 31, 2020 in the sum of $200,000.00 Kevin Urbanczyk, Chief of Operations, M.C.P.D. addressed the board stating this is for one (1) additional officer and the increase in payment; advising last year the total was $44,000.00 per year and now it has increased to $50,000.00 per year for one (1) officer; explaining the total sum for this agreement will be $200,000.00 for two (2) years for two (2) officers; asking for approval. Vice-President Murphy made the motion to approve the Interlocal agreement between the City of Michigan City, Indiana and the Michigan City Area Schools to increase the number of School Resource Officers to two (2) for a term of 2 years effective January 1, 2019 through December 31, 2020 in the sum of $200,000.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. INTERLOCAL AGREEMENT – Approval of Interlocal Agreement between the City of Michigan City, Indiana and the town of Pottawattomie Park, Indiana for law enforcement services for a term of 2 years, effective January 1, 2019 through December 31, 2020 in the sum of $40,000.00 annually Kevin Urbanczyk, Chief of Operations, M.C.P.D. addressed the board stating last year was the first year for this; advising the only change is the cost is $40,000.00 annually where before it was $45,000.00 annually; explaining they have been increasing the patrols within Pottawattomie Park, which is nothing new to what was done last year; further stating this does have the Mayor’s support; asking for approval. Virginia Keating made the motion to approve the Interlocal agreement between the City of Michigan City, Indiana and the town of Pottawattomie Park, Indiana for law enforcement services for a term of 2 years, effective January 1, 2019 through December 31, 2020 in the sum of $40,000.00 annually. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CHANGE ORDER - SEH of Indiana is requesting approval of Change Order No. 2- for final placed quantities – Parks and Schools Traffic Safety Improvements project with Rieth-Riley Construction in the amount of $24,733.10 Charles “Spike” Peller, City Engineer addressed the Board stating this is a close out of the process, which is done for all construction. Virginia Keating made the motion to approve Change Order No. 2 for the final placed quantities for Parks and Schools Traffic Safety Improvements project with Rieth-Riley in the sum of $24,733.10. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPLICATION FOR PAYMENT – Approval for application for payment No. 2; project #137875 for Parks and Schools Traffic Safety Improvements project with Rieth-Riley Construction Charles “Spike” Peller, City Engineer addressed the Board stating this is the close out payment for the work that was provided; asking for approval. Virginia Keating made the motion to approve the application for payment No. 2 for project #137875 for Parks and Schools Traffic Safety Improvement project with Rieth-Riley Construction in the sum of $177,167.30. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries.  Page 4 CERTIFICATE OF COMPLETION – SEH of Indiana is requesting approval of the Certificate of Substantial Completion by Rieth-Riley Construction Company for the Parks and Schools Safety Traffic Improvements project Charles “Spike” Peller, City Engineer addressed the Board stating he is requesting approval of the Certificate of Substantial Completion; advising eventually we will get the Final Completion; asking for approval. Virginia Keating made the motion to approve the Certificate of Substantial Completion for Rieth- Riley Construction Company for the Parks and Schools Traffic Safety Improvements project. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. DRILLING PERMIT REQUEST – Intelligent Fiber Network, LLC., is requesting approval for horizontal-directional drilling permit application to supply fiber optic services to Franciscan Hospital- Phase I Charles “Spike” Peller, City Engineer addressed the Board stating they have been working hard to get the applications in order; advising he does have a completed application from Intelligent Fiber Network, LLC.; explaining they have hired (Angie Woodcox) with Ciorbra to look over the project; further stating this needs to be looked at by the Water Department and Sanitary District to make sure there aren’t any problems; further advising he believes the City departments need to look at this a little more before it is approved; further explaining they are anxious to get started on this, because the hospital will be opening sometime soon. Discussion ensued between President Janus and Mr. Peller regarding how long it will take for the departments to complete their review. Mr. Peller stated possibly in the next couple days. Virginia Keating interjected and stated she received an email from Corporate Counsel, Amber Lapaich, asking we approve this subject to conditions outlined in the email; items #1-5 from Michael Kuss, General Manager, Sanitary District; we are also in need of a revised Certificate of Insurance; asking for a motion conditioned on these items being added plus the Certificate of Insurance being acceptable; this can be done now to avoid a special meeting. Virginia Keating made the motion to approve the drilling permit request from Intelligent Fiber Network, LLC.-Phase I; subject to the drawings being reviewed by the Department of Water Works and the Sanitary District; approval also subject to the conditions that were outlined by Mr. Kuss, Sanitary District, items 1-5 to be added; and in addition a revised Certificate of Insurance showing the City of Michigan City as additional insured on the pollution liability coverage. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. DRILLING PERMIT REQUEST – Intelligent Fiber Network, LLC. is requesting approval for horizontal-directional drilling permit to supply fiber optic services to Franciscan Hospital – Phase II & III Virginia Keating made the motion to approve the drilling permit request from Intelligent Fiber Network, LLC- Phase II & III.; subject to the drawings being reviewed by the Department of Water Works and the Sanitary District; approval also subject to the conditions that were outlined by Mr. Kuss, Sanitary District, items 1-5 to be added; and in addition a revised Certificate of Insurance showing the City of Michigan City as additional insured on the pollution liability coverage. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. GRIEVANCE RESOLUTION – A resolution of the grievance held in an Executive session on November 5, 2018 Virginia Keating made a motion of a finding in favor of the City of Michigan City and to deny the grievance. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion GRIEVANCE RESOLUTION – A resolution of the grievance held in an Executive session on November 9, 2018 Virginia Keating made a motion of a finding in favor of the City of Michigan City and to deny the grievance. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion CLAIMS AND PAYROLL Virginia Keating moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount  Page 5 1 of 13 11/09/2018 $591,455.67 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Amount 1 of 6 11/19/2018 $717,602.10 UNFINISHED BUSINESS Demolitions 121 N. Porter Street Sue Downs, Building Commissioner advised that she did receive correspondence from Valerie Kubacki, Prime Real Estate stating that she did receive bids for the site testing and they have selected a contractor to do the testing; explaining they will proceed with the demolition as soon as the testing is complete; further stating they plan on taking the house down this year. Discussion ensued between Gale Neulieb, City Clerk and Ms. Downs regarding if she could give a copy of the correspondence to the Clerk’s Office. Ms. Downs responded, yes. Jim Grant, 306 Carroll Avenue, is interested in the purchase of City property located at 131 Edward Street, Parcel # 46-01-28-482-002.000-022 President Janus stated we already took care of this and asked that it be removed from the pending list. Steven Ray, 227 Pleasant Avenue is requesting an honorary sign for bishop Charles E. Dowdell at the corner of Woodland Avenue & Walker Street; the corner of Woodland Avenue and Rose Street; and the corner of Woodland Avenue & Holliday Street Steven Ray, 227 Pleasant Avenue addressed the Board stating he has not gotten his letter written out yet; asking for this to be continued to the next meeting. Steven Ray, 227 Pleasant Avenue is requesting to purchase City property, parcel #46-01-27-357-010.000-022 and #46-01-27-357-009-000-022 Steven Ray, 227 Pleasant Avenue addressed the Board stating he is not yet prepared for this; asking for this to be continued to the next meeting. Councilman Bryant Dabney, 405 Thomas Street is requesting a stop sign going East & West on Hobart Street Charles “Spike” Peller, City Engineer addressed the Board stating his recommendation is to replace yield signs with stop signs on Hobart Street; advising he believes this is on Central Maintenance’s to-do list and this can be removed from the pending list. Virginia Keating made the motion to remove this matter from the pending list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Councilman Bryant Dabney, 405 Thomas Street is requesting rumble strips to alert drivers of stop sign on Walker and Grace Street Charles “Spike” Peller, City Engineer addressed the Board stating rumble strips are not good for snowplows and vehicles; advising his recommendation is to deny rumble strips; and approval of a stop ahead sign at that location; asking for this to be removed from the pending items list. Virginia Keating made the motion to remove the matter of the rumble strips to alert drivers of a stop sign on Walker and Grace Street from the pending items list. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. PUBLIC COMMENTS President Janus asked if there were any Public Comments. Discussion ensued between President Janus and Ariel White, 1707 Tennessee Street regarding the denial for handicap parking in front of her residence for her handicapped son. Ms. White stated she doesn’t expect the entire street to be blocked off, they just need enough room for the bus to pull up  Page 6 and drop the ramp, so her son can be loaded and unloaded off the bus. President Janus stated the recommendation from the M.C.P.D and the Engineering Department was to deny the request. Discussion further ensued between Virginia Keating and Ms. White regarding it being safer for the bus to stop in the Street, stopping both lanes of traffic. The Grandfather addressed the Board stating his grandson cannot walk and the only way for him to get on the bus is for the bus to pull up curbside and let the ramp down, so it touches onto the sidewalk; advising the bus driver will not stop if snow is in the way or if she cannot get him off the curb onto the ramp. Robert Zondor, Superintendent, Central Maintenance addressed the Board stating there is a driveway and a driveway cut out and no one should be parking in front of it; advising it should always be open so the bus can pull up and lower the ramp while traffic is stopped in the middle of the road. Kevin Urbanczyk, Chief of Operations, M.C.P.D. addressed the Board stating he will have Captain Jeff Loniewski, M.C.P.D. reach out to the grandfather; M.C.P.D. will and also try to work with the Transportation department being the driveway is available where the child can be loaded; advising they will see what they can do to work with this individual. BOARD COMMENTS President Janus asked if there were any Board comments, there was no response. ADJOURNMENT President Janus stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:26 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk