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 21, 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 Charles “Spike” Peller, City Engineer Captain Jeff Loniewski, Traffic Division, M.C.P.D. John Gorczyca, M.C. Sanitary District Robin Tillman, Transit Director Tony Drzewiecki, M.C.F.D. Public Information Officer Kalon Kubik, Mayor’s Administrator 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 October 7, 2019. Vice-President Murphy made the motion to approve the minutes from the Regular Meeting of October 7, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch September 8, Public Hearing was continued from September ;, , October <, • 710 W. 10th Street – Owner- Aleksandar Ristevski; Jason & Jane Straton Sue Downs, Building Commissioner addressed the Board stating Mr. Straton will not be the legal owner of the property until October 28, 2019; advising he will not be able to get the performance bond until that time. Corporate Counsel, Amber Lapaich addressed the Board explaining at the last meeting the Board talked about setting a performance bond for the continuation so Mr. Straton can do the Regular Meeting – October 21, 2019 Page 2 work himself once he becomes the legal owner; advising that previously the Board adopted Resolution #2813 that sets the amount of the bond to be 125% of the estimated cost for services and materials; stating this brings it into compliance and removes the building from the unsafe order that has been issued by Ms. Downs. Discussion ensued between President Janus and Ms. Downs regarding what the total cost for the performance bond will be. Ms. Downs stated the estimate for everything (interior and exterior) is $40,100.00; advising that to take this out of the demolition status Mr. Straton can get by with only rehabbing the exterior; stating the estimated cost for just the exterior is $27,300.00. Discussion ensued between Counsel Lapaich and Ms. Downs regarding if the demolition order was based on the exterior or interior of the property. Ms. Downs stated it was based on the exterior. Counsel Lapaich stated the Board can set the bond and continue this matter to the next meeting on November 4, 2019; advising the bond will be 125% of the $27,300.00 which will be $34,125.00. Virginia Keating made the motion to set a performance bond on the property located at 710 W. 10th Street at $27,300.00 based on the demolition order; this is contingent upon Mr. Straton receiving the title for the property; adding this matter will be carried over to the next meeting on November 4, 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. FLAME & FLAIR EVENT CHANGE – Abby May, Michigan City Mainstreet Association, is requesting approval to modify street closure – closure of Franklin Street from Ath Street to 8th Street and <th Street from Washington to Pine Street to hold the annual Flame & Flair Halloween Festival on Saturday, October ;, from 1:1 p.m. – :1 p.m. Abby May, Michigan City Mainstreet Association addressed the Board requesting approval to extend the street closure from 8th Street to 4th Street; asking for approval. Vice-President Murphy made the motion to approve the request by Abby May, Michigan City Mainstreet Association for the closure of Franklin Street from 8th to 4th Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. PROPOSED PROPERTY ACCESS – John Chalikian, ; Franklin Street, is requesting the Board of Public Works and Safety to look into the agreement made with Mr. DellaPortas at the December B, ; Board of Public Works & Safety meeting John Chalikian, 609 Franklin Street addressed the Board stating he has no access to his property and the City never put in drainage on Frontage Road; advising the State is not willing to issue any permits from U.S. Highway 421; further stating in the winter when the snow plows clean up Frontage Road, they pile all the snow on his property. Charles “Spike” Peller, City Engineer addressed the Board recommending this matter be referred to the Sanitary District to look at what can be done as far as drainage is concerned and also to the City Attorney to determine what was agreed upon and what the City may be responsible for. Regular Meeting – October 21, 2019 Page 3 Virginia Keating made the motion per the recommendation from the City Engineer to refer this matter to the Sanitary District for the drainage issue and to the City Attorney for the question regarding access to the property. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. REMOVAL OF SIGNAGE – Kent Lange, 8 8 S. Porter Street, is requesting approval for the City to remove a “No turn on Red” sign located at the intersection of Michigan Boulevard and Hendricks Street Kent Lange, 404 S. Porter Street addressed the Board stating the intersection of Hendricks Street and Michigan Boulevard has a “No turn on Red” sign that was not there until Michigan Boulevard was remodeled; explaining there are many busy intersections in Michigan City where you can turn on red; asking for the sign to be removed. President Janus stated the sign is there because the State determined a sign was needed at Michigan Boulevard and Hendricks Street and also at Woodland Avenue. Charles “Spike” Peller, City Engineer addressed the Board advising that Michigan Boulevard was an INDOT sponsored project and it was constructed using INDOT requirements; stating the “No turn on Red” is per Indiana MUCTD (Municipal Uniform Control Traffic Device); recommending the sign is not removed. Discussion ensued between President Janus and Mr. Peller regarding the City having jurisdiction over Michigan Boulevard. Mr. Peller stated the sign was placed in accordance with INDOT recommendations and he is not sure what will result if the City decided to change something that INDOT essentially paid for. President Janus advised the signs at both locations are so faded that if someone were to be pulled over by the Police, he doesn’t believe they could be convicted because you can’t read them; stating his motion is to take the signs down and replace them with new signs at a time to be determined by the Board. Corporate Counsel, Amber Lapaich addressed the Board advising she doesn’t necessarily agree with the motion; stating if the signs are going to be removed and replaced this needs to happen soon because the public is familiar with those signs and she wants to keep the consistency. President Janus withdrew his motion. Skyler York, Assistant City Planner addressed the Board stating he definitely would not take the signs down until Mr. Peller has a chance to review this matter; explaining most roads are straight across and this road is at an angle which could be why the sign was placed at that location; advising there is a reason the sign is there. Councilman Paul Przybylinski, 1716 Washington Street addressed the Board agreeing with President Janus; explaining the City should have a traffic study redone at that intersection. Virginia Keating made the motion to replace the signs and to have the City Engineer review whatever he has to review regarding the signs being placed there permanently. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. Regular Meeting – October 21, 2019 Page 4 REQUEST FOR STREET CLOSURE – Krista Rose, Amereco Engineering, is requesting street closure of May Avenue between Franklin and Washington Streets and the asphalt alley west of < Franklin Street beginning on November A, through November , to make necessary injections to remediate dry cleaning chemicals associated with State Cleanup Site # 18 Steve Travis, Amereco Engineering addressed the Board explaining his request; advising this will wrap things up; asking for approval. Vice-President Murphy made the motion to approve the request for street closure by Amereco Engineering; the closure of May Avenue between Franklin and Washington Streets and the asphalt alley west of 2107 Franklin Street beginning on November 18, 2019 through November 29, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. REQUEST FOR STREET CLOSURE – Fire Chief, Randy Novak, M.D.F.D. is requesting street closure of Franklin Street from th Street to 8th Street and 8th Street from Pine to Washington Streets for the annual Snowflake Parade on Saturday, December <, beginning at :1 p.m.; lineup will start at 1: p.m. with the parade starting at 8: p.m. Tony Drzewiecki, Public Information Officer, M.C.F.D. addressed the Board stating this request is for the annual Snowflake Parade; explaining this will be the same route as last year. Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board advising this is the same route as last year; recommending approval. Virginia Keating made the motion to approve the request for street closure of Franklin Street from 11th Street to 4th Street and 4th Street from Pine to Washington Streets for the annual Snowflake Parade on Saturday, December 7, 2019 beginning at 2:30 p.m.; lineup will start at 3:00 p.m. with the parade starting at 4:00 p.m. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. Mr. Drzewiecki, M.C.F.D. addressed the Board also requesting approval for use of the Santa House every Saturday and Sunday leading up to Christmas; advising it is located on the corner of 7th and Franklin Street. Virginia Keating amended her motion to include the Santa House that is located on the corner of 7th and Franklin Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. REMOVAL OF NIPSCO POLES – Skyler York, Assistant City Planner, is requesting removal of several N.I.P.S.C.O. poles in the City’s right-of-ways located on Pine Street between 8th Street and U.S. Highway that are no longer servicing power or cable needs – Pole # 88/BA<, 8;/; B, 18/; , 8;/; 1, a pole in the middle of the block on the west side of Pine Street between 8th and U.S. Highway and one small pole near U.S. Highway on the eastern corner near Pole # 8;/; B Skyler York, Assistant City Planner addressed the Board stating these are leftover poles that have absolutely nothing attached to them; advising they are N.I.P.S.C.O. assets in the City’s Regular Meeting – October 21, 2019 Page 5 right-of-ways; explaining Pine Street will be getting repaved so they can patch the holes left by the removal of the poles at the same time. Vice-President Murphy made the motion to approve the removal of N.I.P.S.C.O poles by Skyler York, Assistant City Planner. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. OPENING OF BIDS – Purchase of three (1) Medium to Heavy Duty Cutaway Transit Buses President Janus asked if there was anyone present wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for three (3) Medium to Heavy Duty Cutaway Transit Buses. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising two (2) bids were received as follows: Tesco (Transportation Equipment Sales Corporation) $410,598.00 Midwest Transit Equipment Company, Inc. $405,585.00 Virginia Keating made the motion to refer the bids for the 2019 purchase of three (3) Medium to Heavy Duty Cutaway Transit buses to the proper Departments for their review and recommendations at the next meeting on November 4, 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. OPENING OF BIDS – Purchase of one ( ) Small Paratransit Cutaway Transit Bus President Janus asked if there was anyone present wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for one (1) Small Paratransit Cutaway Transit Bus. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising two (2) bids were received as follows: Tesco (Transportation Equipment Sales Corporation) $74,468.00 Midwest Transit Equipment Company, Inc. $69,746.00 Vice-President Murphy made the motion to refer the bids for the 2019 purchase of one (1) Small Paratransit Cutaway Transit bus to the proper Departments for their review and recommendations at the next meeting on November 4, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. Regular Meeting – October 21, 2019 Page 6 PHYSICAL FITNESS TESTING – The Michigan City Fire Department will be conducting their semi-annual Fall physical fitness testing on Tuesdays, Wednesday’s and Thursday’s beginning on October , thru October 1 , from A: a.m. – 8: p.m. (Note: For informational purposes only) RESIGNATION – The Michigan City Police Department announces the resignation of Officer Carol Pytynia effective October 1, (Note: For informational 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 Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). 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 10/11/2019 $573,633.80 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 5 10/21/2019 $813,756.50 1 of 1 10/21/2019 $39,199.61 1 of 1 10/21/2019 $94,859.06 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 1 block of Tremont Street- This was tabled from the August , to the September 1, meeting – then placed on the pending items / unfinished business list for the September ;, meeting Charles “Spike” Peller, City Engineer addressed the Board stating the request was to get an estimate for the signs from Robert Zondor, Superintendent, Central Maintenance. President Janus stated this matter will stay on the pending items/ unfinished business list and Mr. Zondor can report back with the cost at the next meeting on November 4, 2019. Regular Meeting – October 21, 2019 Page 7 President Janus stated the next item on the Pending Item List is a request by Vera Foster, Emma Street for lights at the park on Broadway Street / updated playground equipment / issue with no one stopping at stop sign on Broadway Street Discussion ensued between President Janus and Skyler York, Assistant City Planner regarding who has jurisdiction over the Water Tower Park on Broadway Street. Mr. York stated he believes this matter is in the hands of the Park Department; advising they are looking into it. Corporate Counsel, Amber Lapaich asked if anyone would like to comment on the stop sign on Broadway Street. Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating Sergeant Ken Drake, night shift Commander, M.C.P.D. looked at this situation at night and found that there are three (3) poles located on the dead-end block of Gladys Street; advising two (2) of those lights are not working; explaining he feels if those two (2) lights were working there would be adequate lighting; specifically the pole located at the intersection of Broadway and Gladys Street – Pole #223/053; further stating Sergeant Drake has reported this to N.I.P.S.C.O. thru their online portal; further advising the second light is located in front of 227 Gladys Street – Pole #223/062; further explaining Sergeant Drake tried to report this light as well however the online portal did not accept the pole number; asking if the City Engineer has a contact at N.I.P.S.C.O he could contact to get the light fixed. President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on November 4, 2019. President Janus stated the next item on the Pending Item List is a request from Mayor Ron Meer, requesting the placement of honorary street signs – Tim Bietry Way Vice-President Murphy stated the signs are up and they look great. Virginia Keating made the motion to remove the matter of the placement of honorary signs – Tim Bietry Way from the pending items/unfinished business list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. President Janus stated the next item on the Pending Item List is a request from Mayor Ron Meer, requesting the placement of two ( ) additional handicapped parking spaces on the west side of Buffalo Street near St. Mary’s Church near the entrance along with painted blue lines, curbs and signs President Janus stated the signs are up. Vice-President Murphy made the motion to remove the matter of the placement of two (2) additional handicapped parking spaces on the west side of Buffalo Street near St. Mary’s Church near the entrance along with painted blue lines, curbs and signs. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (1). NAYS: ( ). Motion Carries. Regular Meeting – October 21, 2019 Page 8 President Janus stated the next item on the Pending Item List is a request from Cora Cambridge, Gladys Street, requesting lighting on Gladys Street and sidewalks on Gladys Street President Janus asked if anything more has been done regarding this request; there was no response; advising this matter will be carried over to the next meeting on November 4, 2019. 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 stating they have not formally requested dedication of the alley at this time; advising the alley is complete and has been black topped; explaining they still have to put up a fence, a barrier and landscape. President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on November 4, 2019. 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. Chris Cribbs, WeCreate Media gave the 3rd quarter presentation to the Board. President Janus stated this item will stay on the pending items/unfinished business list for the 4th quarter update at the 2nd meeting in January, which is Tuesday, January , . President Janus stated the last item on the Pending Item List is a request for the sale of Fogarty Street Property – Parcel #8; 1; B (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 A, meeting. PUBLIC COMMENTS President Janus asked if there were any public comments. Discussion ensued between Councilman Paul Przybylinski, 1716 Washington Street and Corporate Counsel, Amber Lapaich regarding if the Board is notified when there is a drop on the “drop program” with the State for the Fire and Police Departments. Councilman Przybylinski stated the notification gives a heads up to the departments when the employee will be leaving. Counsel Lapaich stated the Board is not notified, it would be the Controller’s Office. Councilman Przybylinski also commented on the paving that was done on Barker Avenue and Lafayette Streets; stating he is not sure who did the paving or who was in charge of overseeing the project; explaining they paved over the sidewalk and raised the curb level to where there is no curb left; advising this was done in the first two (2) blocks north of Lafayette Street; asking the Board not to pay the claims until the work is corrected; further commenting on the crosswalks on Barker Avenue; further stating they changed all the Regular Meeting – October 21, 2019 Page 9 drainage in the area; further explaining he hopes whoever is responsible for managing these projects is held accountable. 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 9:21 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 (1). NAYS: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk