Board of Public Works & Safety

REGULAR MEETING – November , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, November 18, 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 Skyler York, Assistant City Planner Lilliana Rosado, Associate Planner Charles “Spike” Peller, City Engineer John Gorczyca, M.C. Sanitary District Mike Kuss, General Manager, Sanitary District Steve Stanford, M.C. Sanitary District Andrea Smith, Personnel Director Captain Jeff Loniewski, M.C.P.D. Traffic Division Chief Dion Campbell, M.C.P.D. David Cooney, Chief of Operations, M.C.P.D. Gale Neulieb, City Clerk Kim Sliwa, Deputy Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes from the Regular Meeting of November 4, 2019. Vice-President Murphy made the motion to approve the minutes from the Regular Meeting of November 4, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REQUEST FOR SIGNAGE – Raymond Peterson, 6 Beech Street, is requesting the placement of two MPH speed limit signs at the east and west ends of Beech Street and the placement of “No Thru Traffic” and “Dead End” signage at the intersection of Beech and Hoyt Street Raymond Peterson, 401 Beech Street addressed the Board explaining his request; asking for approval. Charles “Spike” Peller, City Engineer addressed the Board stating he looked at this situation and is recommending the M.C.P.D. Traffic Division consider the 20 MPH signs on Beech Regular Meeting – November 18, 2019 Page 2 Street; advising he is recommending the “No Thru Traffic” and “Dead End” signage at the intersection of Beech and Hoyt Street; asking for approval. Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board advising Mr. Peterson is correct; since the Church established a thru street at that location it has created a big problem because traffic is using Beech Street to connect to Ohio Street; explaining traffic is driving all the way through the driveway in the parking lot of the Church located on Ohio Street; stating the only way to resolve this issue is to place “Dead End” signs at the intersection of Beech and Hoyt Street and also reduce the speed limit to 20 MPH; further advising he spoke to a representative at the Church and they are not very receptive to placing any type of barrier to prevent the traffic from going through. Vice-President Murphy made the motion to accept the recommendations by the City Engineer and the Michigan City Police Department Traffic Division for the placement of two 20 MPH speed limit signs at the east and west ends of Beech Street and the placement of “No Thru Traffic” and “Dead End” signs at the intersection of Beech and Hoyt Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REQUEST TO PLACE GRAVEL IN ALLEY – Harvey Pokorny, @ Colfax Avenue, is requesting to place gravel in the alley to allow access to a landlocked residential lot to enable parking at his residence Harvey Pokorny, 905 Colfax Avenue addressed the Board explaining his request; stating it has been a platted alley since 1918; advising recent construction has given him the means to drive on the undeveloped alley to access his property; asking to have gravel placed in the alley. Charles “Spike” Peller, City Engineer addressed the Board stating he has looked at this situation; presenting several photos to the Board; explaining that he could ask Central Services if they can place “millings” in the alley; advising he spoke to Tom Weinmann – Haas & Associates regarding the alley being a future paving project if other paving needs to be done; further stating this will eventually be his recommendation; further explaining this would be important for Police, Fire, Ambulance, etc. to have good access to the landlocked home. Virginia Keating made the motion to approve the request to place gravel in the alley; this is predicated first upon Central Services taking a look at it and perhaps placing milling in the alley; also placing this matter on the pending items/unfinished business list and see if it can be paved next year. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REQUEST FOR STREET CLOSURES – Abby May, Michigan City Mainstreet Association, B Franklin Street, is requesting street closures for the following events: • Annual Shelf Ice Brewfest – Saturday, February 15, 2020; the closure on 7th Street from Pine to Washington Streets on Franklin Street from 6th to 8th Street beginning on Friday, February 14, 2020 at 12:00 p.m. through Sunday, February 16, 2020 until 12:00 p.m. • Annual St. Patrick’s Day Parade – Saturday, March 21, 2020; the closure on Franklin Street from 10th Street to 4th Street; 4th Street from Washington to Pine Street and one lane northbound on Washington Street and 10th Street from Franklin to Washington Street from 8:00 a.m. – 5:00 p.m. Regular Meeting – November 18, 2019 Page 3 • Annual Taste of Michigan City – Friday, July 31, 2020 thru Sunday, August 2, 2020; the closure on Franklin Street from 6th Street to 8th Street and 7th Street between Washington and Pine Streets; also requesting the closure of Washington Street from U.S. Highway 12 to 9th Street and Franklin Street from 10th Street to 4th Street and 9th Street from Washington to Pine Street for the Boat Parade on Saturday, August 1, 2020 • Annual Flame & Flair Halloween Festival – Saturday, October 24, 2020; the closure on Franklin Street from 8th Street to 4th Street and 7th Street from Washington to Pine Street from 3:30 p.m. – 9:30 p.m. Abby May, Michigan City Mainstreet Association, 601 Franklin Street addressed the Board stating she has a couple changes to her requests after speaking to Captain Jeff Loniewski, M.C.P.D. Traffic Division, Emergency Management Association and the rental vendor companies; advising these changes were made to make things run a little smoother; explaining the changes she is requesting for the Shelf Ice Brewfest and St. Patrick’s Day events are as follows: • Shelf Ice Brewfest – February 15, 2020; requesting the closure of 7th Street from Pine to Franklin Street and 7th Street from Franklin to Washington Street at 8:00 a.m. on Thursday, February 13, 2020 and then Franklin Street would be closed 8:00 a.m. on Friday, February 14, 2020; advising the roads would re-open on Sunday, February 16, 2020; explaining this allows for all of the structural tents to be put up and allows the workers to not work from 8:00 a.m. – 3:00 a.m. • St. Patrick’s Day – Captain Loniewski recommended the northbound lane on Washington not be closed Corporate Counsel, Amber Lapaich addressed the Board advising she had spoken to Abby May and she will be getting all of the Certificates of Insurance for these events prior to the events being held; advising the layouts are similar to last year and Ms. May will provide an updated layout designating it for the 2020 events. Vice-President Murphy made the motion to approve the requests for street closures by Abby May, Michigan City Mainstreet Association and also the amendments that were added; the closure of 7th Street from Pine to Franklin Street and 7th from Franklin to Washington for the Shelf Ice Brewfest; and no need to close the northbound lane on Washington Street for the St. Patrick’s Day Parade; pending the receipt of the Certificates of Insurance. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REQUEST TO USE LOTS – Abby May, Michigan City Mainstreet Association, B Franklin Street is requesting approval to use City lots for the following events: • Michigan City Mainstreet Association First Friday Art Walk Summer Series beginning May 1, 2020, June 5, 2020, July 3, 2020, August 7, 2020 and September 4, 2020 between 4:00 p.m. – 9:00 p.m.; requesting to use RDC’s (Redevelopment Commission) lot located on the northwest corner of 7th and Franklin Streets • Swale Park Music Festival – Saturday, June 20, 2020: use of Westcott Park between 8:00 a.m. – 11:30 p.m. Abby May, Michigan City Mainstreet Association, 601 Franklin Street addressed the Board explaining her requests; asking for approval. Regular Meeting – November 18, 2019 Page 4 Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he has no objections with the requests; recommending approval. Corporate Counsel, Amber Lapaich addressed the Board stating the Certificates of Insurance will be provided prior to the events. Virginia Keating made the motion to approve the request for the use of lots for the Michigan City Mainstreet Association for the First Friday Art Walk Summer Series beginning on May 1, 2020, June 5, 2020, July 3, 2020, August 7, 2020 and September 4, 2020 between 4:00 p.m. – 9:00 p.m.; the request is for the use of the lot that is owned by the Redevelopment Commission; the northwest corner of 7th and Franklin Street; and also the use of Wescott Park on June 20, 2020 for the Swale Park Music Festival from 8:00 a.m. – 11:30 p.m.; pending receipts of their Certificates of Insurance in the Clerk’s Office. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. APPROVAL OF VENDOR LICENSE – Ron Landtroop, A Slice of Heaven, is requesting approval for a transient license to sell Christmas trees at his mobile food location located at Brandt’s Old Fashion Feed, Pet & Wildlife Emporium, 3 W. Michigan Boulevard; beginning in November thru December, daily from : a.m. – : p.m. Ron Landtroop, 425 Ogden Avenue addressed the Board explaining his request; asking for approval. Vice-President Murphy made the motion to approve the request for a transient license by Ron Landtroop, A Slice of Heaven to sell Christmas trees at his mobile food location located at Brandt’s Old Fashion Feed, Pet & Wildlife Emporium, 309 W. Michigan Boulevard beginning in November thru December, daily from 10:00 a.m. – 10:00 p.m. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. APPROVAL OF VENDOR LICENSE – Derek Wadleigh, Northwest Indiana Lawncare, Inc. DBA as Weedman Lawncare, is requesting approval for a Canvasser/Peddler/Solicitor license for one month (November , thru December , ) from :3 a.m. – G: p.m. to canvass areas door to door to obtain basic information from homeowners and provide free quotes for lawn care services for the season Derek Wadleigh, 1870 West 84th Drive, Merrillville, Indiana addressed the Board explaining his request; asking for approval. Discussion ensued between Corporate Counsel, Amber Lapaich and Mr. Wadleigh regarding what hours he will be soliciting. Mr. Wadleigh advised normally most cities allow up until 7:00 p.m.; stating his business usually starts the day around 10:30 – 11:00 a.m. and finish up around 7:00 p.m. Virginia Keating made the motion to approve the request for a vendor license by Derek Wadleigh, Northwest Indiana Lawncare, Inc. DBA Weedman Lawncare; to canvass for one month from November 20, 2019 thru December 20, 2019 from 9:30 a.m. – 7:00 p.m.; the purpose is to canvass areas door to door to obtain basic information from homeowners and provide free quotes for lawn care services for the 2020 season. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Regular Meeting – November 18, 2019 Page 5 APPROVAL OF CHANGE ORDER / CERTIFICATE OF SUBSTANTIAL COMPLETION – Tom Weinmann, Haas & Associates, is requesting approval for the CCMG (Community Crossings Matching Grant) Eastport Resurfacing Project – Change Order No. for Walsh & Kelly, Inc. – amending the total contract price to $ ,6 .66 (decrease of $ 3,3B . B); and also requesting approval of the CCMG Eastport Resurfacing Project Certificate of Substantial Completion by Walsh & Kelly, Inc. – Des. No. B and @ Charles “Spike” Peller, City Engineer addressed the Board explaining the request; recommending approval. Vice-President Murphy made the motion to approve the Change Order No. 1 for Walsh & Kelly, Inc. amending the total contract price to $82,401.44 (decrease of $13,362.06) and also approving the Certificate of Substantial Completion – Des. No. 1901096 and 1901105. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. CERTIFICATE OF SUBSTANTIAL COMPLETION – Martin Bobcek, Global Engineering, is requesting approval for the Michigan City CCMG (Community Crossings Matching Grant) Paving Project Division - – Certificate of Substantial Completion by Rieth-Riley Construction Company Charles “Spike” Peller, City Engineer addressed the Board explaining the request; recommending approval. Virginia Keating made the motion to approve the request for the Certificate of Substantial Completion for the 2019 Michigan City CCMG Paving Project- Division 1-8 by Rieth-Riley Construction Company. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. POLICY UPGRADES – Andrea Smith, Personnel Director, is requesting acceptance of upgrades and changes to the dental plan with no additional cost to employees- Lincoln Dental (new dental provider) (This was tabled from the November 6, meeting) Craig Menne, President, General Insurance Services (GIS) addressed the Board explaining the policy upgrades and savings to the City; recommending approval. Vice-President Murphy made the motion to accept the policy upgrades to change the dental plan with no additional cost to employees with the added enhancements to the plan for Lincoln Dental the new dental provider. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. POLICY UPGRADES – Andrea Smith, Personnel Director, is requesting acceptance of upgrades and changes to the EAP plan with no additional cost to employees- CuraLinc (new EAP provider) (This was tabled from the November 6, meeting) Craig Menne, President, General Insurance Services (GIS) addressed the Board stating the recommendation is to move to CuraLinc; advising it is a much larger EAP Provider and CuraLinc is more updated in regard to their technology; explaining there is also cost savings with this move; recommending approval. Regular Meeting – November 18, 2019 Page 6 Virginia Keating made the motion to approve the request for policy upgrades to the EAP plan with no additional cost to employees through CuraLinc and also the enhancements and cost savings involved. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. CONTRACT APPROVAL – Clarence Hulse, Economic Development Corporation of Michigan City, Indiana, is requesting approval for the contract for Professional Community and Economic Development Services by and between the City of Michigan City and Economic Development Corporation of Michigan City, Indiana; effective January , and not to extend beyond December 3 , ; the total amount for services shall not exceed the sum of $ @ , . Corporate Counsel, Amber Lapaich addressed the Board explaining this is a two (2) year contract in the sum of $150,000.00 for each year. Duane Parry, 226 Maple Street, addressed the Board asking this matter is tabled until after the first of the year when the new Mayor and Council take office; explaining it is inappropriate to incumber incoming elected officials with a service contract that occurs during their term without them being in office; stating per a court ruling in 2014, this is illegal. Discussion ensued between President Janus and Counsel Lapaich regarding if she can research this matter. Counsel Lapaich responded yes; and asked that this matter is tabled until the next meeting on December 2, 2019. Councilman Paul Przybylinski, 1716 Washington Street addressed the Board asking this matter is tabled until after January 1, 2020. 4th Ward Councilman, Sean Fitzpatrick, 230 Walnut Street addressed the Board stating he agrees with Mayor Elect Parry and Councilman Przybylinski; asking Mr. Hulse or whoever was at the meeting representing EDC, what was the motivation or reasoning behind extending the term to two (2) years versus one (1) year? Jenilee Haynes Peterson, Economic Development Manager addressed the Board explaining the reason to extend the contract to two (2) years instead of one (1) year is to help them plan for job training, partnerships and business recruit partnerships; reminding the Board EDCMC has a twenty-five (25) year relationship with the City of Michigan City. Vice-President Murphy made the motion to place this matter on the pending items/ unfinished business list for the next meeting on December 2, 2019 so Corporate Counsel Lapaich can investigate the claim. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. 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: ( ). Motion Carries. Regular Meeting – November 18, 2019 Page 7 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 11/08/2019 $569,873.31 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 4 11/18/2019 $996,605.88 1 of 1 11/18/2019 $412,118.99 1 of 1 11/18/2019 $600.65 1 of 1 11/18/2019 $16,469.27 UNFINISHED BUSINESS President Janus stated the first item on the Pending Items list is James Kent, purchase of City owned property located on Main Street – Parcel #6B- - -3GG- 3G. - Corporate Counsel, Amber Lapaich addressed the Board stating she checked with various City Departments and received feedback advising that no City Department has any objections to the sale of the parcel; explaining the City acquired the parcel back in 2010 by virtue of a Commissioner’s deed; further stating if the City did decide to put the property up for sale (it was transferred by virtue of the Commissioners by tax sale) it can be offered to adjacent surrounding property owners who can then bid on it if the Board so chooses. Virginia Keating made the motion for the City Attorney to proceed as outlined; giving notice to the adjacent property owners and giving them the opportunity to bid on the property. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Discussion ensued between Councilman Paul Przybylinski, Virginia Keating and Counsel Lapaich regarding what the address of the property is and if there is a description of the parcel. Councilman Przybylinski also asked if this can be read into the record. Ms. Keating advised the parcel # is 46-01-28-377-037.000-022. Councilman Przybylinski then asked where the property is geographically located. Counsel Lapaich advised it is located on Main Street but she doesn’t have the actual street number. Councilman Przybylinski asked if someone is interested in acquiring the parcel? Counsel Lapaich responded, yes, the request was on the last Board of Works agenda; explaining pursuant to the policy of the Board of Works it is Legal’s responsibility to check with all Department Heads to see if there are any objections. President Janus stated the next item on the Pending Items list is Stacy Martin, Canada Park Neighborhood – Requesting Neighborhood Watch Signs for the area of and 3 block of Tremont Street- This was tabled from the August , to the September 3, meeting – then placed on the pending items / unfinished business list for the September B, meeting Regular Meeting – November 18, 2019 Page 8 Charles “Spike” Peller, City Engineer addressed the Board stating Central Maintenance has the signs in their possession; advising at the last meeting he recommended this matter be referred to the Planning Department and the Michigan City Police Department so they can determine where to place the signs; advising his recommendation today is for the M.C.P.D. Traffic Department to decide the placement of the signs. Virginia Keating made the motion to remove the matter of the neighborhood watch signs for the 200 and 300 block of Tremont Street off of the pending items/unfinished business list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. 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 President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on December 2, 2019. 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 Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he reported on this several meeting ago; advising since then it was discovered there are three (3) light poles on Gladys Street; explaining two (2) of the lights were not working when they originally investigated the matter; explaining at that time M.C.P.D. believed all three (3) lights were lights on N.I.P.S.C.O. poles; further stating the light located in front of 227 Gladys Street is a privately installed light; recommending the City install a N.I.P.S.C.O. light that will be paid for by the City on pole #223/062 at that location. President Janus stated it was requested that nothing is done regarding the sidewalks on Gladys Street; advising it would eliminate parking. Vice-President Murphy made the motion to approve the recommendation by M.C.P.D. Traffic Division to install a N.I.P.S.C.O. light in front of 227 Gladys Street on pole #223/062. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. President Janus stated the next item on the Pending Items List is proposed property access – John Chalikian, B 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 Corporate Counsel, Amber Lapaich addressed the Board stating Skyler York, Assistant City Planner appeared at the last meeting advising the Board that the City does not own the property. Discussion ensued between John Chalikian, 609 Franklin Street, Counsel Lapaich, David Farmer, Director of Central Services and Sean Fitzpatrick, 4th Ward Councilman regarding snow being piled on Mr. Chalikian’s property. Mr. Farmer advised that after investigating the situation, the City Street Department is not piling snow onto Mr. Chalikian’s property; stating Menard’s is doing it and that is who Mr. Chalikian needs to speak to; explaining that none of Regular Meeting – November 18, 2019 Page 9 the City’s snow plow driver’s pile snow up in piles, they push the snow. Mr. Fitzpatrick advised he was at Menard’s last week and witnessed City trucks plowing the street between Meijer Drive and the other businesses along Franklin Street; stating he observed the trucks plowing and it did not seem at that time they were plowing directly into the ditch that is adjacent to Mr. Chalikian’s property; explaining he did see them moving it to a pile on Menard’s property; further stating he is not sure if that is something the City has worked out with Menard’s; asking if Mr. Farmer can clear this up. Mr. Farmer responded all of the pushed snow is out of the Menard’s parking lot; advising the City’s plow drivers push the snow back to the south and when they come back through they push the snow towards the north; explaining the snow is not pushed up into piles; explaining he has witnessed Menard’s plow driver’s making piles. Counsel Lapaich addressed the Board stating the original request was a drainage issue and also no access to the property; advising the Water Department gave advice as to how Mr. Chalikian could get access to the property running from the highway and he should contract the State Highway Department; explaining at this point with the City Departments recommendation she is not sure if there is anything the Board can do other than asking Mr. Farmer to once again speak to all of the driver’s and confirm they are not pushing any type of snow on his property. Mr. Farmer assured Counsel Lapaich the City plow drivers are not pushing snow up to the south on Mr. Chalikian’s property; advising he spoke to Mr. Chalikian several times regarding this situation; stating once again, he has witnessed the Menard’s plow driver’s pushing the snow on the property. Mr. Chalikian asked if it is Menard’s plow driver’s that are piling up the snow on his property, how are they are using City Streets to do so? Craig Phillips, City Planner addressed the Board stating the Army Corp of Engineers had previously looked into this matter being the property is considered Wetlands; advising the Planning Department has done its research and it is not a City street; explaining the plowing situation is not a Planning matter, it should be referred to Central Services. Discussion continued with Mr. Phillips, Counsel Lapaich and Mr. Chalikian regarding Mr. Farmer already presenting and explaining testimony that the City’s plow drivers are not pushing the snow. Mr. Phillips again stated it is not a City street in terms of ownership. Mr. Chalikian asked if it is not a City street, why is the City plowing it? Virginia Keating made the motion to remove this matter from the pending items/unfinished business list being it appears there is no solution to it and it also appears the problem with placement of the snow that is being placed on Mr. Chalikian’s property is a civil matter between Menard’s and Mr. Chalikian; in addition the street or area that he is referring to is not City owned and the City has no recourse to do anything about it. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Discussion ensued between Councilman Paul Przybylinski and Mr. Phillips regarding if the road Mr. Chalikian has been referring to is supposed to be extended. Mr. Przybylinski advised there was a wetland mitigation problem; asking Mr. Phillips where are we at with that? Mr. Phillips advised the Redevelopment Commission previously on a couple occasions worked with trying to extend Town Center Drive over to the Walmart access road; explaining the area between the end of the Town Center Drive extension to the southern most part of Menard’s property is wetland; explaining the first two (2) times the City tried the method by which the mitigation of the wetland was requested it was not approved by the Army Corp of Engineers; stating the Planning Department is currently in contact with the Army Corp of Engineers thru Regular Meeting – November 18, 2019 Page 10 consultants to attempt to extend the road by possibly swapping the requirements for mitigation of wetlands onto another property; further stating that is pending; further advising the Planning Department is currently in discussion with Haas & Associates regarding the matter; further explaining they are making head way with the Army Corp of Engineers according to Haas & Associates as recent as a few months ago. 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 are waiting on final approval from Sue Downs, Building Commissioner. President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on December 2, 2019. President Janus stated the next item on the Pending Item List is a request for the sale of Fogarty Street Property – Parcel #6B 3B @ (this was tabled from the May B, meeting) Discussion ensued between President Janus and Corporate Counsel, Amber Lapaich regarding if there have been any new developments regarding this matter. Counsel Lapaich responded, no; advising it is still the same; stating there is nothing new on her end; explaining it is up to the Board to decide if they want to offer the property for sale again. President Janus stated originally there was someone wanting to buy it. Counsel Lapaich advised there were remonstrators in the neighborhood that came before the Board and remonstrated against the sale of the property, which is how it ended up on the pending items/unfinished business list. Virginia Keating made the motion to remove this matter 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 (3). NAYS: ( ). Motion Carries. President Janus stated the first item on the Pending Items list is an order to demolish – G W. th Street – Owner Jason & Jane Straton Corporate Counsel, Amber Lapaich addressed the Board stating that Mr. Straton was going to present the performance bond to Sue Downs, Building Commissioner; advising that is where the Board left this. Jason Straton addressed the Board stating he is in compliance with what the Board asked of him as far as him obtaining the performance bond; advising the performance bond is pending. Discussion ensued between President Janus, Counsel Lapaich and Mr. Straton regarding whether or not this matter needs to stay on the pending items/unfinished business list. Counsel Lapaich stated she would leave it on, but maybe revisit it again in 30 days. President Janus stated we will bring it back up at the 2nd meeting in December which is December 16, 2019. Mr. Straton explained the performance bond should be issued within a few days. President Janus told Mr. Straton if he does get the bond earlier to contact Ms. Downs and she can come to the next meeting and let the Board know that everything has been taken care of and that it can be removed from the pending items/unfinished business list. Regular Meeting – November 18, 2019 Page 11 President Janus stated the next item on the Pending Item List is +WeCreate Media- Marketing Contract for – the next B -day update will be at the B.O.W. meeting on January , . PUBLIC COMMENTS President Janus asked if there were any public comments. Mike Kuss, General Manager, M.C. Sanitary District and Pilar Cuadra, August Mack Environmental addressed the Board requesting closure of the alley between Franklin and Pine Street north of 10th Street for environmental testing; advising they need to drill for ground water and soil samples; stating the dates of the closure is November 21st and November 22, 2019 between 8:00 a.m. – 5:00 p.m.; explaining they have their Certificate of Insurance; further advising this is part of Phase I and Phase II of the Environmental investigation. Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he did not review this matter but there only two (2) houses located in that particular block of 10th Street where the drilling will occur and they both have other access; recommending approval. Vice-President Murphy made the motion to approve the request for the closure of the alley between Franklin and Pine Street north of 10th Street for an Environmental Investigation. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REQUEST EXTENSION OF PHYSICAL FITNESS TESTING – Ken Havilan, Michigan City Police Department is requesting an extension of time for his physical fitness testing due to being on restricted duty David Cooney, Chief of Operations, M.C.P.D. addressed the Board stating one of their Sergeant’s was on light duty during the month of October when the physical fitness testing was held; advising Sgt. Havilan is now back to full capacity and is requesting to take the test. Virginia Keating made the motion to approve the request for the Sergeant to take the physical fitness test being the he has been cleared. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Discussion ensued between President Janus and Duane Parry, 2206 Maple Street regarding the sale of Fogarty Street. Mr. Parry stated if this matter has been kicked around for six (6) months the remonstrators will go away eventually because the timing of the meeting is inconvenient for them to attend; asking if the property is going to be sold now; and do the local residents have a right to appeal this? President Janus advised this has been removed from the pending items/unfinished business list. Mr. Parry asked what that means? President Janus explained that nothing is going on with the sale now. Mr. Parry further stated the party that was interested in buying the property can probably come back and resubmit their offer. President Janus explained the Board has not heard anything in six (6) months. Regular Meeting – November 18, 2019 Page 12 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 9:30 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: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk