Board of Public Works & Safety

REGULAR MEETING – December , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, December 2, 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 Craig Phillips, Planning Director Charles “Spike” Peller, City Engineer John Gorczyca, M.C. Sanitary District Captain Jeff Loniewski, M.C.P.D. Traffic Division David Cooney, Chief of Operations, M.C.P.D. Clarence Hulse, Executive Director, Economic Development Jenilee Haynes Peterson, Economic Development Manager Sue Downs, Building Commissioner Christine Vanderborg, Code Compliance Officer 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 November 18, 2019. Vice-President Murphy made the motion to approve the minutes from the Regular Meeting of November 18, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. REQUEST FOR STREET CLOSURE – Janet Bloch, Executive Director for the Jack & Shirley Lubeznik Center for the Arts, is requesting street closure of the intersection of Washington Street north of U.S. Highway and Franklin Street from the crosswalk at Water Street headed south around the curve to nd Street and traffic both ways between Franklin Street and Shoreline Brewery’s driveway for the Lubeznik Art and Artisan Festival for the weekend of August @- B, starting at C: a.m. on Friday, August @, thru D: p.m. on Sunday, August B, Janet Bloch, Executive Director, Jack & Shirley Lubeznik Center for the Arts addressed the Board explaining her request; stating it is the same request as last year. Regular Meeting – December 2, 2019 Page 2 Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating it is the same request as in past years; advising every year the EMA volunteers staff the barricades and there have been no issues; recommending approval. Virginia Keating made the motion to approve the request for street closure of the intersection of Washington Street north of U.S. Highway 12 and Franklin Street from the crosswalk at Water Street headed south around the curve to 2nd Street and traffic both ways between Franklin Street and Shoreline Brewery’s driveway for the Lubeznik Art and Artisan Festival for the weekend of August 14-16, 2020 starting at 8:00 a.m. on Friday, August 14, 2020 thru 7:00 p.m. on Sunday, August 16, 2020. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. AGREEMENT FOR PHOTOVOLTAIC INSTALLATION – Energy System Group, is requesting approval of the Photovoltaic (PV) Installation Agreement for additional solar work on the roof of the Michigan City Police Headquarters Todd Anderson, Energy Systems Group addressed the Board stating one (1) of Energy Savings Group (ESG) projects was the installation of an additional Photovoltaic Solar System on the roof of the Michigan City Police Headquarters; advising ESG wants to insure they maintain the warranty; explaining the manufacturer was contacted and ESG will take care of any warranty issues during the installation period and insure the warranty continues. Vice-President Murphy made the motion to approve the agreement for Photovoltaic Installation by Energy Systems Group for additional solar work on the roof of the Michigan City Police Headquarters. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. SPECIAL PURCHASE – Assistant Chief David Cooney, Michigan City Police Department is requesting to purchase eight (C) Black Ford Police Interceptor Utility Hybrid vehicles for the Michigan City Police Department through the State Qualified Purchase Agreement (QPA) process; pursuant to I.C. F- - - F – no vehicles will be traded in for the fleet purchase David Cooney, Chief of Operations, M.C.P.D. addressed the Board explaining his request; stating the money is in the budget; asking for approval. Virginia Keating made the motion to approve the request for a Special Purchase for eight (8) 2020 Black Ford Police Interceptor Utility Hybrid vehicles for the Michigan City Police Department through the State Qualified Purchase Agreement (QPA) process; pursuant to I.C. 5-22-10-15; no vehicles will be traded in for the 2020 fleet purchase. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. HORIZONTAL DRILLING PERMIT – Olivia Carlin, ESPO Engineering, is requesting a Horizontal Drilling Permit to install new underground CATV cable between an existing utility pole and a new CATV vault located on Southwind Drive, then along Westwind Drive to an existing utility pole near 2 @ Westwind Drive- all CATV cable will be installed underground by directional boring Corporate Counsel, Amber Lapaich addressed the Board stating all City Departments responded with no objections to the request. Regular Meeting – December 2, 2019 Page 3 Vice-President Murphy made the motion to approve the request for a Horizontal Drilling Permit by ESPO Engineering to install new underground CATV cable between an existing utility pole and a new CATV vault located on Southwind Drive then along Westwind Drive to an existing utility pole near 304 Westwind Drive; all CATV cable will be installed underground by directional boring. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. ALCO AGREEMENT – Mike Dempsey, Director of Operations, Access Laporte County, Inc. is requesting the Fourth Extension of Agreement for Government Access Channel Programming (Channel D) Public Access Programming (Channel ) and Public Access Studio for a three (2) year contract commencing on January , thru December 2 , – annual amount of contract is $ F , . Mike Dempsey, Director of Operations, Access LaPorte County, Inc. addressed the Board stating this is the Fourth extension with the City of Michigan City to provide public access; asking for approval. Corporate Counsel, Amber Lapaich addressed the Board stating at the last meeting Mayor Elect Parry expressed some concerns to the Board regarding entering into service contracts that go for longer durations and also contracts that will be going into the new administration; advising Mayor Elect Parry cited a case in which she did have the opportunity to look into and research; explaining you can enter into contracts but #1 are they being done in good faith; #2 is it discretionary versus non-discretionary; #3 what type of contract is the City entering into and what is the duration of the contract; further stating there are several service contracts coming up; further advising Mayor Elect Parry couldn’t attend the meeting this morning; asking that these contracts be placed on the pending items list so Mayor Elect Parry can attend the next meeting to express any concerns he may have with the contracts; further explaining in all fairness longer term duration limiting a new incoming administration may not in good faith be fair to the new administration; continuing to explain that when looking at the service contracts you have to look at if there will be a lapse in service to the Community as well. President Janus stated he sits on the Board as an appointment of Mayor Meer helping City Departments and the citizens of Michigan City; advising as a representative of the citizens of Michigan City who have told him over the last eight (8) years how much they enjoy watching the City government in action, it is with this thought that he must move that the Board approve a one (1) year contract at this time and the next two (2) years will be held over to the next administration. President Janus made the motion to approve a one (1) year contract at this time; the next two (2) years of the contract will be held over to the next administration; the reason for this is that there will be no disruption in services and the citizens of Michigan City will be able to continue to watch what they want. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. Gale Neulieb, City Clerk asked Mr. Dempsey to please amend the contract and give a copy to the Clerk’s Office. APPROVAL OF AGREEMENT – John Records Landecker, Vice-President, Feeling Not a Format, Inc. is requesting approval of an agreement between the City of Michigan City, Indiana and Feeling Not a Format, Inc. for radio airtime and remote broadcasts – services include Contractor to provide City with radio airtime once a week for at least four (@) Regular Meeting – December 2, 2019 Page 4 hours – radio airtime will be on Friday afternoons from : noon to @: and for remote broadcasts for City events – duration of contract for the term of one ( ) year commencing on January , and concluding on December 2 , – annual amount of contract is $C, . John Records Landecker, Vice-President, Feeling Not a Format addressed the Board explaining his request. Vice-President Murphy made the motion to approve the agreement between John Records Landecker, Feeling Not a Format and the City of Michigan City. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. APPROVAL OF MEETING DATES – The Clerk’s Office is requesting approval of the Board of Public Works and Safety meeting dates for Virginia Keating made the motion to approve the Board of Public Works and Safety meeting dates for 2020. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (2). NAYS: ( ). Motion Carries. AMENDMENT TO REQUEST – Abby May, President, Michigan City Mainstreet Association has amended her request from November C, requesting the Michigan City Board of Public Works and Safety approve the street closures for the Michigan City Mainstreet Association’s St. Patrick’s Day Parade to reflect the following: Event date: March D, (Note: for informational purposes only) RETIREMENT – The Michigan City Fire Department announces the retirement of Tony Drzewiecki effective January 2, with 2 years of service (Note: for informational purposes only) President Janus thanked Tony Drzewiecki for his service. 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 11/22/2019 $604,307.28 of 11/27/2019 $228,408.61 Regular Meeting – December 2, 2019 Page 5 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 12/02/2019 $494,353.85 1 of 1 12/02/2019 $35,461.39 1 of 1 12/02/2019 $282,306.94 1 of 1 12/02/2019 $41,339.20 1 of 1 12/02/2019 $47,868.56 1 if 1 12/02/2019 $16,361.00 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 #@B- - C-2DD- 2D. - Corporate Counsel, Amber Lapaich addressed the Board stating she is preparing bid information that will be going out to adjacent property owners; advising she will be asking for approval of the bid information and setting of the offering price at the next meeting. 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 there are no new developments; advising this matter will stay on the pending items/unfinished business list until the next meeting on December 16, 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 made a recommendation at the last meeting for the City to install a N.I.P.S.C.O. light that will be paid for by the City on pole #223/062 in front of 227 Gladys Street. President Janus stated this matter will stay on the pending items/unfinished business list until it is completed. 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 F, B Board of Public Works & Safety meeting President Janus stated that being Mr. Chalikian was not present, this matter will be held over until the next meeting on December 16, 2019. Regular Meeting – December 2, 2019 Page 6 President Janus stated the next item on the Pending Items List is Clarence Hulse, Michigan City Economic Development – three (2) year contract approval President Janus stated this matter was held over due to the request by Mayor Elect Parry. Corporate Counsel, Amber Lapaich addressed the Board stating she already gave her synopsis earlier regarding the ALCO agreement; explaining it pertained to all of the service contracts. Clarence Hulse, Executive Director, Economic Development Michigan City addressed the Board advising Economic Development has been around for over 23 years promoting Economic Development in Michigan City; stating that over the last 6 years Economic Development has had unprecedented growth in regard to private capital, 1000 new jobs and expansions with Sullair and Sanlo and a number of other small businesses; explaining a lot of their work is confidential and no one hears about it; further stating he is working with two (2) large Investors looking to buy empty buildings in Michigan City. Vice-President Murphy made the motion to approve the contract for Professional Community and Economic Development Services by and between the City of Michigan City and Economic Development Corporation Michigan City, Indiana for a term of one (1) year commencing on January 1, 2020 and expiring on December 31, 2020 in the sum of $150,000.00; also making 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 Harvey Pokorny, F Colfax Avenue – request to place gravel in alleyway Charles “Spike” Peller addressed the Board stating he is working with David Farmer, Director, Michigan City Central Services and Tom Weinmann – Haas & Associates to place millings in the alleyway so the resident has access; advising next year they are looking at the possibility of paving the alleyway. President Janus advised we will keep this matter on the pending items/unfinished business list until next year. Virginia Keating made the motion to hold the matter of the gravel in the alleyway located at 905 Colfax Avenue over until next year. The motion was seconded by Vice -President Murphy 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) Discussion ensued between President Janus, Corporate Counsel, Amber Lapaich and Skyler York, Assistant City Planner regarding if the alley is completed. Mr. York stated he believes they are ready to accept the alley; advising John Gorczyca, Engineer, M.C. Sanitary District has inspected it. Counsel Lapaich explained that she prefers the alley is completely finished before we accept it. Mr. York advised the alley is complete. Counsel Lapaich stated she couldn’t remember if Attorney McDonnell formally filed the petition; advising this matter has been on the pending items/unfinished business list for some time. Mr. York responded, yes, Attorney McDonnel formally filed a petition for acceptance with the Board with a legal Regular Meeting – December 2, 2019 Page 7 description included. Counsel Lapaich stated she will go back through and pull everything and make sure it is ready to finalize at the next meeting. President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on December 16, 2019. President Janus stated the first item on the Pending Items list is an order to demolish – D W. th Street – Owner Jason & Jane Straton Sue Downs, Building Commissioner addressed the Board stating she has been working with Mr. Straton; advising the Insurance Company needed more information for the bond; explaining she is expecting the bond this week; asking this matter stay on the pending items/unfinished business list for another week, but then at that point possibly bumping it out for another three (3) months; further stating she does not intend to remove this matter until after the work is complete. 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. ***Craig Phillips, Planning Director addressed the Board giving a brief update on the John Chalikian matter; advising the Planning Department is conducting a title search with regard to the question of who owns Town Centre Drive; explaining when the title search is completed we can then understand what the current situation of ownership is with the property or right- of-way; stating he will share the results with the Board once he receives them; further advising the Planning Department never found any records of the property being accepted. ***Discussion ensued between President Janus and Mr. Phillips regarding what the status is of putting sidewalks on Highway 421. Mr. Phillips stated earlier this year there were conversations between the Redevelopment Commission and INDOT in regard to looking into sidewalks on Highway 421; advising they approached INDOT with a proposal to incorporate the sidewalks into the road when there were plans to do the work that is now being done; explaining the window of time for any changes to the design had passed before our consultants could get conversations going; further stating the Redevelopment Commission would have to come back at a later date and re-approach them with a design of their own and also do the construction; further advising the Redevelopment Commission has been working with Haas & Associates to communicate with INDOT. ***Nicole Barker, Double Track Northwest Indiana Project Manager, Northern Indiana Commuter Transportation District (NICTD) addressed the Board stating she came before the Board to formalize an element of the 2016 agreement with Michigan City; advising in the 2016 agreement there were a range of responsibilities that are identified; some for Michigan City and some for NICTD; explaining the 11th Street Station is now a modest small station that will become a very large station; the station block in which NICTD calls 11th Street, 10th Street, Pine and Franklin Street; further stating as part of the agreement, NICTD is required to build a multi-story parking garage that in the initial stages will be accommodating roughly 500 parking spaces; further advising the parking spaces will be shared as part of the terms Regular Meeting – December 2, 2019 Page 8 of the agreement between Michigan City and NICTD’s commuter’s; further explaining if the facility becomes full as additional population moves into the area, NICTD will be required to expand the parking garage in partnership with Michigan City with up to 1000 parking spaces; continuing to explain how this will affect Pine Street which is on the east side of the station block; stating the plan was for NICTD to design the garage with some retail on the ground floor and some space for Transit Oriented Development; advising NICTD has been working with Craig Phillips, Planning Director and Skyler York, Assistant City Planner and a range of others over the past couple years on how this would look; explaining now NICTD’s design firm (ECOM Engineering) is moving their 30% design for the project to 60% design, including the initial conceptual drawing of what the stations block parking structure will look like; further stating that Michigan City expressed interest in 7,150 square feet of Commercial space; further advising NICTD is reserving a space that will be of a certain size for future use; further explaining the station and platform connection is very conceptual and NICTD needs to go to the public to talk about it; the Historic Review Board and the State Historic Preservation Officer also want to look at this; continuing to explain that in quarter one (1) of 2020 NICTD plans to have a joint session with Michigan City to engage the public on this and whatever stakeholders have an interest; stating that NICTD is seeking a permanent easement for the entirety of Pine Street so they can potentially move the structure further east about thirty (30) feet depending on the final design so they can maximize the space on the west for Transit Oriented Development for the City at a later date; advising NICTD does not know exactly what the width will be of the TOD space on the west but they want the room to possibly spill out partially on Pine Street; explaining NICTD would like two (2) northbound lanes potentially going up Pine Street to exit out onto 10th Street going east and west; further stating one (1) of the fifteen (15) roads that are closed is Pine Street; further advising NICTD does already have the authority to close it they just want to make sure the designer does have the room to actually construct on Pine Street if they need to do so. Connor Nolan, Harris, Walsh & Lukeman, 107 Broadway in Chesterton addressed the Board stating Pine Street is one (1) of the crossings of the existing tracks that will be closed as part of the project so there is no concern for southbound traffic on Pine Street; advising this request is to give the designer the most flexibility for the station block as possible. Discussion ensued between President Janus and Ms. Barker regarding if NICTD is just moving Pine Street thirty (30) feet to the east. Ms. Barker stated the concept the Board is looking at today is thirty one (31) feet of the sixty six (66) feet east to west of the roadway; advising the legal that is attached is the entirety of that section of Pine Street; explaining NICTD would never have a building go all to the other side of the street but they want to be able to operate the two (2) lanes of traffic; further stating they have concepts that take none of Pine Street so it is possible NICTD will not need any of it; further explaining NICTD just wants some wiggle room to the east. President Janus asked if this would entail taking any other properties. Ms. Barker replied there are no additional property acquisitions. Craig Phillips, Planning Director addressed the Board stating the Planning and Redevelopment Department has been actively involved in the conversations about this throughout the entire process; advising Redevelopment is working closely with NICTD on the designs that would best suit the ultimate use of the site pending approval of the project funding itself; explaining the Entry of Engineering is the next step; further stating timewise they are ready to develop the structure in order to meet the guidelines for the Federal Transit Administration; further advising the Redevelopment Commission is working with the Federal Transit Administration to make sure they can provide an opportunity for development of a portion of that site for additional investment on the property; further explaining NICTD is anticipating the usage of the entirety of Pine Street from the northside of the 11th Street right- of-way to the south edge of the 10th Street right-of-way; maintaining access to and from the east/west alley that runs between Pine and Spring Street and to Cedar Street which is on the northside of the entirety of the service parking lot; stating ultimately whether Pine is two Regular Meeting – December 2, 2019 Page 9 (2) lanes or four (4) lanes it will basically be servicing access to the parking lot and the parking structure as well as maintaining access to the homes on the east side of Pine Street by way of the alley. Vice-President Murphy made the motion to approve the easement on Pine Street right-of-way between 11th Street and 10th Street that supports the use of Pine Street in a conceptual design pending entry into engineering for a Capital Investment Grant from the Federal Transit Administration and subject to Pine Street grade crossing of the existing NICTD South Shore Line railroad tracks being closed. 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 9:11 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