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 16, 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 Charles “Spike” Peller, City Engineer Steve Stanford, M.C. Sanitary District John Gorczyca, M.D. Sanitary District Captain Jeff Loniewski, M.C.P.D. Traffic Division Sue Downs, Building Commissioner Christine Vanderborg, Code Compliance Officer Andrea Smith, Personnel Director 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 December 2, 2019. Vice-President Murphy made the motion to approve the minutes from the Regular Meeting of December 2, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REMOVAL OF SIGNAGE – Valarie Berrios, 7 3 E. Michigan Boulevard, is requesting the removal of “school bus stop” signage located at the end of the driveway at 7 3 E. Michigan Boulevard as it is no longer needed Captain Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating that he is recommending approval of the request to remove the “school bus stop” sign; advising this is not a typical sign that reads “all 4 lanes stop for school bus”; explaining since there are no longer students boarding at this particular address, it is no longer needed. Discussion ensued between President Janus and Charles “Spike” Peller, City Engineer regarding if the City places the school bus stop signs. Mr. Peller responded, yes, they do. Regular Meeting – December 16, 2019 Page 2 Virginia Keating made the motion to remove a “school bus stop” sign located at 4103 E. Michigan Boulevard. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. HORIZONTAL DRILLING PERMIT REQUEST – Diane Werner-Reynolds, AT & T Indiana is requesting Horizontal Directional Drilling Permit to directional bore under Larkspur Lane from existing AT & T handhole E 7 to NIPSCO pole # /H I – east of Franklin Street – new innerduct and fiber to be installed Corporate Counsel, Amber Lapaich addressed the Board stating all City departments have consented to this request; explaining the Water Department advised they do have a 12” main located under this location. Discussion ensued between Counsel Lapaich and Charles “Spike” Peller regarding the permit being dated for one (1) year from the date of approval and if that is correct. Mr. Peller responded, yes it is. Vice-President Murphy made the motion to approve the Horizontal Directional Drilling Permit for AT & T – Indiana to directional bore under Larkspur Lane from existing AT & T handhole 5240 to NIPSCO pole #960/798 – east of Franklin Street – new innerduct and fiber to be installed. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. INSURANCE POLICY RENEWAL – Craig Menne, General Insurance Services (GIS) is requesting acceptance of Berkley Accident and Health – Emcap Group Captive Solution Contingent Quote – Employer Stop Loss Policy – Reinsurance Agreement and Captive Agreement; effective January , Craig Menne, President, General Insurance Services (GIS) addressed the Board explaining his request; asking for approval. Virginia Keating made the motion to approve the Insurance Policy Renewal for Berkley Accident and Health-Emcap Group Captive Solution Contingent quote – Employer Stop Loss Policy – Reinsurance Agreement and Captive Agreement; effective January 1, 2020. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. SINGING SANDS INSURANCE POLICY RENEWAL – Charles Keene, Vice President, General Insurance Services (GIS) is requesting approval for Singing Sands Trail – General Liability and Excess Liability Insurance Renewal – Policy term / / to / / ; renewal annual premium total is $37,H33. E Charles Keene, Vice President, General Insurance Services (GIS) addressed the Board explaining his request; asking for formal approval. Vice-President Murphy made the motion to approve the Singing Sands Insurance Policy Renewal for General Liability and Excess Liability Insurance for Singing Sands Trail; Policy term 01/01/2020 to 01/01/2021 in the amount of $34,733.25. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Regular Meeting – December 16, 2019 Page 3 PLACEMENT OF STREET SIGN – Charles “Spike” Peller, City Engineer is requesting approval for the placement of a street sign on the west bound traffic light mast arm to read “Franciscan Way” to be placed next to and south of the existing Ohio Street Sign as requested by the Contractor (Hawk) for Franciscan Hospital Charles “Spike” Peller, City Engineer addressed the Board stating south of the intersection is “Franciscan Way” north is Ohio Street; advising the hospital is requesting the sign to show people there are two (2) streets; explaining the Eastbound mast arm belongs to the County and they have already approved the addition of the street sign; recommending approval. Virginia Keating made the motion to approve the request for placement of a street sign on the west bound traffic light mast arm to read “Franciscan Way” to be placed next to and south of the existing Ohio Street sign as requested by the Contractor (Hawk) for Franciscan Health. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. GRANT OF EASEMENT – Mike Micka, Addison N.W. Partners 3 , LLC. is requesting approval of the Grant of Easement between Addison N.W. Partners 3 , LLC. and the City of Michigan City, Indiana for Parcel #7 - E- - H- . - located at E E. U.S. Highway for the development of the parcel Corporate Counsel, Amber Lapaich addressed the Board stating that Mr. Micka submitted a Grant of Easement agreement that he is asking the City to consider; advising she forwarded the request to Michael Kuss, General Manager, Sanitary District and has not heard back from him with any formal response; recommending the Board table this matter and formally refer it to all various departments especially the Sanitary District and the Planning Department for their review and recommendations at the next meeting on January 6, 2020; explaining she is also going to suggest some changes to the actual agreement from Mr. Micka’s Legal Counsel. Vice-President Murphy made the motion to place the matter of the Grant of Easement between Addison N.W. Partners 1031, LLC. and the City of Michigan City, Indiana for Parcel #46-05-09-127-006.000-009 located at 501 E. U.S. Highway 20 for the development of the parcel on the pending items/unfinished business list so various City departments can review and give their recommendations at the next meeting on January 6, 2020. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. AMENDMENT TO REQUEST – Abby May, President, Michigan City Mainstreet Association has amended her request from November I, requesting the Michigan City Board of Public Works and Safety approve the use of Wescott Park for the Michigan City Mainstreet Association’s Swale Park Music Festival to reflect the following: New Event Date: June 3, Abby May, President, Michigan City Mainstreet Association addressed the Board advising on November 18, 2019 she was given approval to hold the event on June 20, 2020; asking to switch the date to June 13, 2020. Virginia Keating made the motion to approve the change of date for the Michigan City Mainstreet Association’s Swale Park Music Festival from June 20, 2020 to June 13, 2020. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Regular Meeting – December 16, 2019 Page 4 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. 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 12/06/2019 $755,044.45 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 12/16/2019 $2,726,250.06 1 of 1 12/16/2019 $385,549.69 1 of 1 12/16/2019 $159,411.49 1 of 1 12/16/2019 $31.45 UNFINISHED BUSINESS President Janus stated the first 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) Corporate Counsel, Amber Lapaich addressed the Board advising we have received the completed and signed paperwork; asking the Board to formally accept the Deed of Dedication. Virginia Keating made the motion to accept the Deed of Dedication for the alley way located on Michigan Boulevard and 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 next item on the Pending Item List is +WeCreate Media- Marketing Contract for – the next -day update will be at the B.O.W. meeting on January , . Regular Meeting – December 16, 2019 Page 5 President Janus stated the next item on the Pending Items list is James Kent, purchase of City owned property located on Main Street – Parcel #7 - - I-3HH- 3H. - Corporate Counsel, Amber Lapaich addressed the Board stating that because this property was obtained by the City by virtue of a Commissioner’s sale, it can be offered to the adjacent property owners; advising today she is asking the Board to set the offering price and to also approve the draft of her letter to the adjacent property owners asking if they would like to bid on the property; explaining the bids will be due no later than Friday, January 10, 2020 at 4:30 p.m. Vice-President Murphy made the motion to approve the draft letter to adjacent property owners. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Discussion ensued between President Janus and Counsel Lapaich regarding what the Board is setting the offering price at. Counsel Lapaich stated the Assessor valued the property at $9,200.00; advising the law allows the Board to ask for less. President Janus asked if there are expenses in advertising. Counsel Lapaich stated no this is an exception to the general rule because the City acquired the property by tax default; explaining it will not be advertised to the general public; further stating it is just being offered to adjacent property owners. Virginia Keating made the motion to set the offering price at the assessed value of $9,200.00. 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 there are no new developments; advising this matter will stay on the pending items/unfinished business list until the next meeting on January 06, 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 a few meetings ago 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; advising this has not been completed yet. President Janus stated this matter will stay on the pending items/unfinished business list until it is complete. President Janus stated the next item on the Pending Items List is proposed property access – John Chalikian, Franklin Street, is requesting the Board of Public Works and Safety look into the agreement made with Mr. DellaPortas at the December E, Board of Public Works & Safety meeting Skyler York, Assistant City Planner addressed the Board asking this matter is held over until the next administration takes office; advising at that time they can decide if they want to pave or give access to the property. Regular Meeting – December 16, 2019 Page 6 Discussing ensued between Corporate Counsel, Amber Lapaich and Mr. York regarding at the last Board of Public Works and Safety meeting, Craig Phillips, Planning Director advised that the Planning Department is conducting a title search on the property. Mr. York explained the Planning Department is not going to do a title search; stating the City does own the land and they have never accepted the dedication of the road; advising this will be up to the next City Engineer to figure out if they want to accept the road or if it is built to a standard. John Chalikian, 609 Franklin Street addressed the Board wishing everyone a Happy Holiday; stating this matter has been going on since July 17, 1996; advising this property is dedicated; explaining the City has been plowing snow and damaging his property for 22 years. President Janus stated this matter will be carried over to the next meeting on January , . President Janus stated the next item on the Pending Items List is Harvey Pokorny, E Colfax Avenue – request to place gravel in alleyway President Janus advised we will keep this matter on the pending items/unfinished business list until March , . President Janus stated the first item on the Pending Items list is an order to demolish – H W. th Street – Owner Jason & Jane Straton President Janus advised we will keep this matter on the pending items/unfinished business list until March , . PUBLIC COMMENTS President Janus asked if there were any public comments. ***Paul Przybylinski, 1716 Washington Street addressed the Board stating two (2) meetings ago the Michigan City Police Department asked to purchase new Police cars; advising the City Council Finance Committee had a meeting and were told the City is $1,500,000.00 in the red this year; explaining he had a meeting with Richard Murphy, City Controller and asked him why he didn’t table this matter; further stating there is only $1,000,000.00 left in the Riverboat fund. Further advising this should have been brought to light and this bid process should have been placed on hold. ***Corporate Counsel, Amber Lapaich addressed the Board stating there were two (2) Change Orders that needed to be approved by the Board. Jay Niec, SEH of Indiana addressed the Board stating he has a Change Order for the paving project reducing the contract amount by $152,000.00; explaining the project came in under bid; advising he is also asking for approval of the Substantial and Final Completion for the project. Virginia Keating made the motion to approve Change Order No. 1 for the 2019 Paving Project by Rieth Riley Construction Company, Inc.; decreasing the amount of the contract by $152,076.27; in addition to that making the motion to approve the Certificates of Substantial and Final Completion on this project. The motion was seconded by Vice-President Murphy Regular Meeting – December 16, 2019 Page 7 and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Jay Niec, SEH of Indiana addressed the Board stating he is asking for approval of Change Order No. 1 for the Striping project by The Airmarking Group; increasing the contract by $12,142.50; advising the increase is due to additional striping along Wabash Street from 11th Street to 2nd Street; also asking for approval of the Certificate of Substantial and Final completion of the project. Vice-President Murphy made the motion approve the Change Order No. 1 for the striping project by the Airmarking Group to increase the contract by $12,142.50 for a new contract total of $184,454.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. Jay Niec, SEH of Indiana addressed the Board stating he is also asking for approval of the Certificate of Substantial and Final Completion on this project by the Airmarking Group. Virginia Keating made the motion to approve the Certificates of Substantial and Final Completion for the stripping project by the Airmarking Group. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. BOARD COMMENTS President Janus asked if there were any public comments. Vice-President Murphy addressed the Board stating he wanted to address Councilman Przybylinski comments and correct them for the record; advising at the City Council Finance Committee meeting the Controller did advise there would be end of the year transfers to even out the general fund that were suggested in the amount of $600,000.00 from CITD to the general fund; explaining an additional amount not to exceed $1,000,000.00 will be used to build reserves in the general fund; further stating the City Controller and the new Mayor will continue to monitor those funds as they close out the end of the year; further advising there was a comment that this would result in residuals of $1,000,000.00 in Riverboat; further explaining that is not correct; estimating there will be well over $3,000,000.00 after these transfers are made; additionally stating the budgeted amount for Police cars was approved in the 2020 budget by the City Council and approved by the Board of Public Works and Safety. Virginia Keating addressed the Board thanking Vice-President Murphy for his explanation. President Janus addressed the Board thanking all Department Heads and their staff who have helped the Board of Public Works and Safety over the last eight (8) years; also thanking Captain Jeff Loniewski, M.C.P.D. Traffic Division for all of his help and also helping the Board make their decisions; thanking the girls in the Clerk’s Office for their diligent work; specially thanking his fellow Board members past and present that have been there over the last eight (8) years; especially thanking Corporate Counsel, Amber Lapaich Stalbrink who is the hardest working City Attorney he has ever met. Regular Meeting – December 16, 2019 Page 8 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 9:01 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