Board of Public Works & Safety

REGULAR MEETING – October , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, October 7, 2019, at the hour of 8:30 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Rich Murphy and Virginia Keating (3) Absent: None A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sue Downs, Building Commissioner Skyler York, Assistant City Planner Christine Vanderborg, Code Compliance Officer Craig Phillips, Planning Director Charles “Spike” Peller, City Engineer Captain Jeff Loniewski, Traffic Division, M.C.P.D. Kevin Urbanczyk, Chief of Operations, M.C.P.D. Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes from the Regular Meeting of September 16, 2019. Vice-President Murphy made the motion to approve the minutes from the Regular Meeting of September 16, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch September 9, Public Hearing was continued from to September <, • 710 W. 10th Street – Owner- Aleksandar Ristevski; Jason & Jane Straton Corporate Counsel, Amber Lapaich addressed the Board explaining the Board continued the hearing because Mr. Straton was in the process of getting the tax deed/auditor’s deed and redeeming the property through the tax sale process. Jason Straton, 12610 Wicker Avenue, Cedar Lake, Indiana addressed the Board stating the work with his Attorney to make him the lawful owner is ongoing; advising it should be completed within days. Regular Meeting – October 7, 2019 Page 2 Discussion ensued between President Janus, Counsel Lapaich and Mr. Straton regarding if he could get a performance bond. Mr. Straton replied, yes. Counsel Lapaich advised the only thing stopping Mr. Straton from getting a performance bond is the underwriter may require that he has legal ownership of the property first. Mr. Straton stated he is willing to post a cash bond prior to the paperwork being completed if necessary. President Janus made the motion to continue the public hearing to the next meeting on Monday, October 21, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. AWARDING OF BIDS – Demolition of < F Street – Owner – Willie Edmond Corporate Counsel, Amber Lapaich addressed the Board stating that J. Shoffner General Contractor, Inc. was the lowest most responsive bidder for the demolition of 126 F Street in the amount of $11,800.00; advising Sue Downs, Building Commissioner confirmed that J. Shoffner General Contractor, Inc. attended the mandatory pre-bid meeting; recommending approval. Virginia Keating made the motion to award the bid for the demolition of 126 F. Street to J. Shoffner General Contractor, Inc. in the sum of $11,800.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. AWARDING OF BIDS – Demolition of Virginia Court – Owner – Jeffrey L. Jones Corporate Counsel, Amber Lapaich addressed the Board stating that J. Shoffner General Contractor, Inc. was the lowest most responsive bidder for the demolition of 109 Virginia Court in the amount of $8,900.00; advising Sue Downs, Building Commissioner confirmed that J. Shoffner General Contractor, Inc. attended the mandatory pre-bid meeting; recommending approval. Vice-President Murphy made the motion to award the bid for the demolition of 109 Virginia Court to J. Shoffner General Contractor, Inc. in the sum of $8,900.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. REQUEST FOR SIGNAGE – Bruce Jones, 22 Jackson Street, is requesting the placement of speed limit signs on Jackson Street for public safety Bruce Jones, 2933 Jackson Street addressed the Board explaining his request. Captain Jeff Loniewski, Traffic Division, M.C.P.D. addressed the Board stating Mr. Jones is correct there are no speed limit signs except for the speed limit signs that are posted in front of the park; recommending the installation of thirty (30) MPH speed limit signs located at Greenwood Avenue and Jackson Street; Coolspring Avenue and Jackson Street; and Jackson Street and Barker Avenue. Virginia Keating made the motion to approve the request for thirty (30) MPH speed limit signage located at Greenwood Avenue and Jackson Street; Coolspring Avenue and Jackson Street and Jackson Street and Barker Avenue. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. Regular Meeting – October 7, 2019 Page 3 REQUEST FOR SIGNAGE – Dana Nelson, 2 Dewey Street, is requesting the placement of a stop sign at the corner of Dewey and Short Streets for public safety Captain Jeff Loniewski, Traffic Division, M.C.P.D. addressed the Board stating his recommendation was denial of this request because there has been no significant accident history at that intersection; advising there was a miscommunication with the Street Department and the stop sign and stop bars were immediately placed at the location; explaining there is no issue of keeping the stop sign where it is now located; leaving this to the Boards discretion. Vice-President Murphy made the motion to affirm the installation of the stop sign. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. REQUEST FOR LIGHTS AT PARK – Vera Foster, Emma Street, is requesting that lights be placed at the park located on Broadway Street so the neighborhood children can utilize the park and play basketball; this is also a public safety concern. Vera Foster, 221 Emma Street addressed the Board discussing several different concerns she is having; no sidewalks on her side of the street on Emma Street; no lights at the Park on Broadway Street where the kids play basketball; explaining the Park needs to be updated; advising vehicles are ignoring the stop sign on Broadway Street where the little girl was hit and killed. Discussion ensued between President Janus, Virginia Keating and Skyler York, Assistant City Planner regarding whether or not this is a City Park or if it belongs to the Park Department. Ms. Keating also asked the name of the Park. Mr. York stated the name of the park is Water Tower Park. Discussion further ensued between President Janus and Corporate Counsel, Amber Lapaich regarding referring this matter to the Park Department and Directors for comment on this issue. Virginia Keating made the motion to refer the matter of the lights and other problems at Water Tower Park to the Park Department for their review. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. GRANT OF EASEMENT – John Espar, Espar & Associates, representing Blue Chip Casino, LLC. is requesting approval of the Grant of Easement/Agreement between Blue Chip Casino, LLC. and the City of Michigan City Board of Public Works and Safety for use of an easement for the Water Department’s water facilities and the Sanitary District’s sewer facilities John Espar, Espar & Associates, representing Blue Chip Casino, LLC. addressed the Board to answer any question the Board may have. Corporate Counsel, Amber Lapaich addressed the Board stating last November the Board approved the Memorandum of Understanding with Blue Chip Casino; advising it dealt with the expansion and the relocation of their sanitary and water easements; explaining this agreement is the new location of the water and sanitary easements which have been approved by both the Water Department and Sanitation District. Regular Meeting – October 7, 2019 Page 4 Vice-President Murphy made the motion to approve the Grant of Easement Agreement between Blue Chip Casino, LLC. and the City of Michigan City Board of Public Works and Safety for use of an easement for the Water Department’s water facilities and the Sanitary District’s sewer facilities. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. HORIZONTAL DRILLING PERMIT – Joseph McKenna, Orbital Engineering, Inc./NIPSCO, is requesting a Horizontal Drilling Permit to relocate ” & 9” gas mains at the Southgate Subdivision – Storm Water Improvements project; associated services to be replaced as needed Charles “Spike” Peller, City Engineer addressed the Board stating he has reviewed this request; advising we have received the various City Department’s responses; recommending approval. Virginia Keating made the motion to approve the request for a Horizontal Drilling Permit for N.I.P.S.C.O. to horizontal drill at the Southgate Subdivision to relocate 2” & 4” gas mains; the period being from October 14, 2019 through November 1, 2019; subject to the requirements contained in the Sanitary District’s letter. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. HONORARY STREET SIGNS – Mayor Ron Meer, is requesting the placement of two ( ) street signs honoring Councilman Tim Bietry; to read Tim Bietry Way; on the northside alley of the Artspace Uptown Artist Lofts – one at the corner of Franklin Street and the alley and the other at the corner of Washington Street and the alley Vice-President Murphy addressed the Board stating Councilman Bietry played a critical role in the implementation of the Artspace Uptown Artist lofts project in the Warren Building; advising Mr. Bietry was the person from Michigan City to make the first phone call to the Artspace; stating this is a cool way of honoring Councilman Bietry who has had such an impact on our Community over his entire career. Vice-President Murphy made the motion to approve the placement of two (2) street signs honoring Councilman Tim Bietry; to read Tim Bietry Way; they will be located on the northside alley of the Artspace Uptown Artist Lofts – one at the corner of Franklin Street and the alley and the other at the corner of Washington Street and the alley. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. REQUEST FOR SIGNAGE – Mayor Ron Meer, is requesting the conversion of two ( ) parking spaces to handicapped parking spaces on the west side of Buffalo Street near the entrance to St. Mary’s Catholic Church; along with the painted blue lines and curbs as necessary Charles “Spike” Peller, City Engineer addressed the Board stating he agrees with the Mayor; recommending the handicapped parking should be permanent parking with blue paint markings and signs; advising he will have Robert Zondor, Superintendent, Central Maintenance take care of this. Virginia Keating made the motion to approve the request for two (2) parking spaces to handicapped parking spaces on the west side of Buffalo Street near the entrance to St. Regular Meeting – October 7, 2019 Page 5 Mary’s Catholic Church; along with the painted blue parking lines and curbs; also place this matter on the pending items/unfinished business list until it is completed. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. REQUEST TO DISPOSE OF CITY PROPERTY – Kevin Urbanczyk, Chief of Operations, M.C.P.D. is requesting approval to dispose of one ( ) wrecked Ford Crown Victoria; Traveler’s Insurance declared this vehicle a total loss in the amount of $9,< 9. Kevin Urbanczyk, Chief of Operations, M.C.P.D. addressed the Board stating the 2011 Ford Crown Victoria was involved in a front-end collision; advising the Officer was not at fault; explaining the Insurance adjuster inspected the vehicle and declared it a total loss; Traveler’s Insurance will be sending a check and taking possession of the vehicle; recommending approval. Vice-President Murphy made the motion to approve the request by Kevin Urbanczyk, Chief of Operations, M.C.P.D. to dispose of one (1) wrecked 2011 Ford Crown Victoria that was declared a total loss in the sum of $4,694.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. APPROVAL OF SERVICE AGREEMENT – Robin Tillman, Transit Director, is requesting approval of a service agreement between the City of Michigan City, Indiana, City of LaPorte, Indiana, Purdue University Northwest and LaPorte County, Indiana for the continuation of the fixed transportation route commonly known as the “Transit Triangle” effective April , Corporate Counsel, Amber Lapaich addressed the Board stating this service agreement allows for the Transit Triangle bus project to continue for another year; advising the agreement was effective April 1, 2019 and will end on May 1, 2020; explaining the reason it is late is because the County took some time approving and executing the agreement; further stating she believes the parties will meet early next year to discuss whether or not the project will continue further; further advising this agreement will continue until the end of the school semester next year. Virginia Keating made the motion to approve the service agreement between the City of Michigan City, Indiana, City of LaPorte, Indiana, Purdue University Northwest, and LaPorte County, Indiana for the continuation of the fixed transportation route commonly known as the “Transit Triangle” effective April 1, 2019 and terminating on May 1, 2020. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. APPROVAL OF CONTRACT – Craig Phillips, Planning Director, is requesting approval for Indiana Department of Transportation (INDOT) LPA contract for the Michigan City Tree Inventory project – Des. No. K K< - EDS #A 9 - L Skyler York, Assistant City Planner addressed the Board stating this contract needs to be executed in order for it to go out for bidding; advising the City received a grant from INDOT; explaining the City’s matching funds are set aside for the project. Regular Meeting – October 7, 2019 Page 6 Discussion ensued between President Janus and Mr. York regarding how many trees this involves. Mr. York stated all of the City owned trees; advising this will include the Cemeteries, City owned Parks, etc.; stating any large trees and trees of a certain diameter. Vice-President Murphy made the motion to approve the Indiana Department of Transportation (INDOT) LPA contract for the Michigan City Tree Inventory project – Des. No. 1802867- EDS #A249-20-L190120. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. SPECIAL PURCHASE REQUEST/APPROVAL OF TRADE-INS – Robert Zondor, Superintendent, Central Maintenance, is requesting to purchase one ( ) Ford F- M Pickup Truck and one ( ) Ford F-2M Pickup Truck utilizing the Special Purchase Method I.C. M- - - M; also requesting approval to trade-in one ( ) 9 Ford F- M Pickup Truck and one ( ) GMC 2M Service Truck Robert Zondor, Superintendent, Central Maintenance addressed the Board stating this was approved in 2019 by the Mayor and the City Council as a capital project; advising he is also requesting approval to trade-in two (2) vehicles. Virginia Keating made the motion to approve the Special Purchase request for one (1) 2019 Ford F-250 Pickup Truck and one (1) 2019 Ford F-350 Pickup Truck and approval to trade- in one (1) 2004 Ford F-150 Pickup Truck and one (1) 1999 GMC 3500 Service Truck. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. PHYSICAL FITNESS TESTING – The Michigan City Police Department will be conducting their semi-annual Fall physical fitness testing on Tuesday’s and Wednesday’s beginning on October , thru October 2, from : a.m. – :2 p.m. (Note: For informational purposes only) CORRESPONDENCE – The Clerk’s Office received correspondence on September 9, from Tony Childers regarding the NICTD diesel leak into Trail Creek 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 (2). NAYS: ( ). 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 of 09/27/2019 $569,366.51 of 10/01/2019 $228,408.61 Regular Meeting – October 7, 2019 Page 7 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 10/07/2019 $1,635,076.06 1 of 1 10/07/2019 $390,137.96 1 of 1 10/07/2019 $5,580.00 1 of 1 10/07/2019 $486,010.15 UNFINISHED BUSINESS President Janus stated the first item on the Pending Items list is Stacy Martin, Canada Park Neighborhood – Requesting Neighborhood Watch Signs for the area of and 2 block of Tremont Street- This was tabled from the August , to the September 2, meeting – then placed on the pending items / unfinished business list for the September <, meeting Charles “Spike” Peller, City Engineer addressed the Board stating he still has a few questions regarding the signs such as who will be paying for them and what type of signs they will be. Captain Jeff Loniewski, Traffic Division, M.C.P.D. addressed the Board stating that M.C.P.D. has been working with Ms. Martin for quite some time on this request; advising she supplied M.C.P.D. with a list of locations where she would like the signs placed; explaining in the past M.C.P.D. worked with other neighborhood watch groups and supplied the signs and posted them; recommending approval of this request and the locations Ms. Martin provided except for the placement of signs in the alleys which he does not believe is necessary; specifically requesting placement at the northeast corner of York and Tremont Streets; the northwest corner of Lafayette and Tremont Streets; the southwest corner of Lafayette and Detroit Streets; and replacing the old sign at the southwest corner of Pearl and York Streets; and replacing and old sign at the southeast corner of Oak and Tremont Streets. Discussion ensued between President Janus and Captain Loniewski regarding the Neighborhood Watch group paying for the signs. Captain Loniewski stated in the past the City has paid for the signs. Discussion ensued between Corporate Counsel, Amber Lapaich, Robert Zondor, Superintendent, Central Services, President Janus and Vice-President Murphy regarding if the signs are readily available. Mr. Zondor replied no, they have to be special ordered. Counsel Lapaich asked Mr. Zondor if the funding is available for the signs. Mr. Zondor replied, no. Vice-President Murphy stated perhaps we can get an estimate of how much the signs will cost and then make a decision on if there is funding available. President Janus stated we will keep this on the pending items/ unfinished business list and Mr. Zondor can report back with the cost at the next meeting on October 21, 2019. President Janus stated the next item on the Pending Item List is a request for the order to demolish Franklin Street – 2/ K/ Sue Downs, Building Commissioner addressed the Board stating the owner of 111 Franklin Street has complied with all that has been requested of him; advising she is prepared at this time to set aside the order to demolish. Regular Meeting – October 7, 2019 Page 8 Discussion ensued between President Janus, Ms. Downs and Corporate Counsel, Amber Lapaich regarding if Ms. Downs is withdrawing the order to demolish. Ms. Downs responded, yes. President Janus asked if there was anything the Board has to do at this point. Counsel Lapaich replied, no; stating under State law the Planning Department retains jurisdiction at all times to set aside their own orders to demolish. Counsel Lapaich addressed Ms. Downs advising her if she did record the order to demolish she will need something vacating the order; explaining that will need to be recorded as well. Vice-President Murphy made the motion to remove this matter from the pending items/ unfinished business list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. President Janus stated the next item on the Pending Items List is Attorney Barry McDonnell, representing McDonald’s Real Estate Company, requesting acceptance of Deed of Dedication for new public right-of-way (alley) Skyler York, Assistant City Planner addressed the Board asking this matter stay on the pending items/ unfinished business list until the alley is complete. President Janus stated the next item on the Pending Item List is +WeCreate Media- Marketing Contract for – the < -day update will be on the July , at the B.O.W. meeting. President Janus advised no one from WeCreate was present; stating this will be carried over until the next meeting on October , . President Janus stated the last item on the Pending Item List is a request for the sale of Fogarty Street Property – Parcel #9< 2< M (this was tabled from the May <, meeting) This item will stay on the pending items/unfinished business list for six (6) months – report back at the November K, meeting. PUBLIC COMMENTS President Janus asked if there were any public comments. ***Megan Hedding, N.I.P.S.C.O. Communications addressed the Board explaining the transmission upgade that is starting on October 14, 2019; advising this is the first phase of a mulit-year project; explaining they are starting construction to replace lattice towers in N.I.P.S.C.O’s utility right-of-way between the Bosserman Substation and the Michigan City Gen Station; further advising they are anticipating some lane and possible road closures throughout the duration of the project; further stating the bid for the project was awarded to Michels Corporation who will be developing the schedules. Discussion ensued between President Janus, Corporation Counsel, Amber Lapaich and Ms. Hedding regarding N.I.P.S.C.O giving notification to the Michigan City Police Department and the Media on the Monday prior to the closures. Ms. Henning stated the construction crews will be in contact with Emergency Responders on a daily basis; stating anytime N.I.P.S.C.O. has a lane or road closure it is released to the public; explaining traffic plans, flaggers and detour routes will be submitted a minimum of three days prior to N.I.P.S.C.O going into the Regular Meeting – October 7, 2019 Page 9 area unless it is an emergency situation. Counsel Lapaich asked Ms. Henning for an updated Certificate of Insurance. Discussion ensued between Charles “Spike” Peller, City Engineer and Counsel Lapaich regarding his concern that it is not just the Police that needs to be notified for a road closure; advising normally the process to close the road goes through the Board of Public Works and Safety so the Schools, Police, Fire and everyone else is properly notified of the closure. Counsel Lapaich explained that is why she asked the Police to disperse the information to all City Departments upon receipt. John Sabotnik, Manager Generation, N.I.P.S.O. stated they are developing a detailed schedule for the entire project and will be communicating on a regular basis to various City Departments such as EMS, Police, Fire and everyone else to make sure they are aware of the project; advising if there is any deviation from the schedule that it will communicated as well. Vice-President Murphy made the motion to approve the Electric Utility Rebuild project that will be ongoing by N.I.P.S.C.O. contingent on a minimum of 3-5 advance notice to the Michigan City Police Department and the Media; and subject to the receipt of the updated Certificate of Insurance naming the City of Michigan City as additional insured. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. ***Cora Cambridge, 220 Gladys Street addressed the Board asking for lighting and sidewalks on Gladys Street. Discussion ensued between President Janus and Ms. Cambridge regarding where she is requesting the light is placed. Ms. Cambridge replied on Gladys Street. President Janus made the motion to refer this matter to the City Engineer and M.C.P.D. Traffic Division for their review and recommendations at the next meeting on October 21, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. 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 9:14 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 (2). NAYS: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk