Board of Public Works & Safety

REGULAR HYBRID/ ZOOM MEETING – April 3 , 2023 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday, March 20, 2023, at 8:30 a.m., hosted by “Hybrid/Zoom” and streaming live on “My Michigan City” Facebook page. The meeting was called to order by President, Virginia Keating, who presided. Noted present in person: Virginia Keating, Michael Vinson, and Mayor Parry (3), Absent: None (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich Stalbrink, Corporate Counsel Brad Minnick, City Engineer Andrew White, Alco TV Chris Yagelski, Mayor’s Administrator Skylar York, Director of Planning David Cooney, MCPD Shong Smith, Street Department Director Terry Greetham, Special Events Director Eric Williams, Assistant Events Coordinator Diane Gonzales, Human Rights Director Kyle Petter, Associate Planner Paul Przybylinski, Councilman Christine Vanderburg, Code Enforcement Officer Don Przybylinski, Councilman Gale Neulieb, City Clerk Stacy Dudley, Deputy Clerk Amanda Pickens, Assistant Deputy Clerk. APPROVAL OF MINUTES President Keating asked if there were any corrections to the minutes of the Regular “Hybrid/Zoom” meeting of March 20, 2023, there was no response. Vice President Vinson made a motion to approve the minutes as read of the Regular “Hybrid/Zoom” meeting of March 20, 2023; seconded by Mayor Parry and was approved by the following vote: AYES: Board members, Parry, Vinson, and Keating (3). NAYS: None (0). Motion Carries. President Keating read the following item on the agenda. REQUEST TO DISPOSE OF CITY PROPERTY - Shong Smith, Street Department Director, requesting to dispose of the inventory of equipment and other items that has reached the end of service. Shong Smith, Street Department Director, addressed the board asking to get approval to dispose of 37 items on the inventory list as they have reached the end of their service span. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments. Mayor Parry asked Mr. Smith if the department can cut the power cords so no injuries will occur, Mr. Smith agreed. Vice President Vinson made a motion to approve the disposal of the inventory equipment and other items that has reached the end of service, second by Mayor Parry and the Regular Hybrid/Zoom Meeting – April 3, 2023 Page 2 motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request on the agenda. MEMORANDUM OF UNDERSTANDING - The Indiana Department of Transportation, and the Town of Beverly Shores, is requesting approval of a Memorandum of Understanding between the City of Michigan City, the Town of Beverly Shores, Indiana and INDOT regarding the transfer of Beverly Drive in LaPorte County. Brad Minnick, Premiere Engineers, addressed the board stating this is just part of the process for the upcoming project to make Highway US 12 safer. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments. Mayor Parry advised this is a small piece of land with no financial obligations to the City. Mayor Parry made a motion to approve the Memorandum of Understanding between the City of Michigan City, the Town of Beverly Shores, Indiana and INDOT regarding the transfer of Beverly Drive in LaPorte County., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. REQUEST FOR STREET CLOSURE - Brad Minnick, Primera Engineers, updating the street closure list received from (NICTD) and approved in 2018, for the 2023 Double Track Project construction to be completed. Brad Minnick, Premiere Engineers, addressed the board reviewing the street closures as the contractor moves through the double track project with a completion date of mid- summer. President Keating asked if there is going to be notice to the public of each individual closing, Mr. Minnick stated he will talk to the contractor and NICTD and will report back to the board. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments. Mayor Parry stated he will release a press release from his office and will have broadcast on both radio stations and newspaper a week before the street closures. Mayor Parry made a motion to approve the street closure list received from (NICTD) and was approved in 2018, for the 2023 Double Track Project construction to be completed., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. “JAKE BRAKE ” RESTRICTED SI GNAGE REQUEST - Vice President Vinson, is requesting a “Jake Brake Restricted” sign be placed at US 35 between Warnke Road and US 20 interchange on both sides of the highway. Vice President Vinson stated with the relocation of the shingle factory semi-trucks are using their “Jake Breaks” because it is easier on their equipment rather than their regular brakes, residents in the area are concerned with the loud noise. President Keating asked Assistant Chief Cooney if there is an Ordinance prohibiting the “Jake Brake” or permitting restrictions on the issue. Regular Hybrid/Zoom Meeting – April 3, 2023 Page 3 President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, Mayor Parry made a motion to place the “Jake Brake Restricted” sign be placed at US 35 between Warnke Road and US 20 interchange on both sides of the highway on the pending list until the April 17, 2023 meeting for Assistant Chief Cooney to research any ordinance and or restrictions and report back to the board., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. SPECIAL PURCHASE - Marty Corley, MCPD, is requesting the approval of a Special Purchase for 84- Panasonic Toughbook FZ-55; 60- Havis Vehicle Docking Stations; 60- Lind Vehicle Power Supplies; and 1- Microsoft Volume License Agreement with the total of $291,312.00 . Assistant Chief Cooney addressed the board asking for approval stating the department will be using Omnia purchasing which will give the City 28% discount to get the equipment needed. President Keating stated for the record there is an appropriation that was approved by the Council for the MCPD from the LIT Public Service Account 2023-1479 in the amount of $300,000.00, President Keating asked if there were any comments from the public. Paul Przybylinski, 2nd Ward Councilman stated at the last Council meeting Chief Forker was not worried about this purchase but to rather use this money to increase pay wages for the MCPD. Assistant Chief Cooney advised that Chief Forker comment was regarding the purchase of vehicles purchases from the LIT fund and was separate from the Special Purchase of Toughbook’s. President Keating asked if the board had any questions or comments, there was no response. Vice President Vinson made a motion to approve a “Special Purchase” for 84- Panasonic Toughbook FZ-55; 60- Havis Vehicle Docking Stations; 60- Lind Vehicle Power Supplies; and 1- Microsoft Volume License Agreement with the total of $291,312.00, second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. REQUEST TO AWARD BIDS - Brad Minnick, Primera Engineering, is asking for approval from the board for him to be able to award the Franklin Street Conversion Project bids that will be received and opened by the Redevelopment Commission on April 4, 2023 to be able to move forward on this project. Brad Minnick, Primera Engineering asked the board for their approval so he could approve the awards of the bids pending the Redevelopment Commission approval on Monday, April 10, 2023 at their regular meeting so we can move forward in the interest of completing this project prior to Memorial Day. President Keating asked if there were any comments from the public. Paul Przybylinski 2nd Ward Councilman asked for clarification on how this project will be paid; if it is coming from the Redevelopment Commission and not in the Sidewalk Fund account, Discussion ensued between the board, Skyler York, Paul Przybylinski, and Don Przybylinski regarding funding for this project and sidewalk repair in the City. Regular Hybrid/Zoom Meeting – April 3, 2023 Page 4 President Keating asked if the board had any questions or comments. Mayor Parry stated the City Controller had been in the hospital seriously ill for the past week which is why there has been no communication regarding funding. Mayor Parry made a motion to approve the request for Brad Minnick to be able to award the Franklin Street Conversion Project bids that will be received and opened by the Redevelopment Commission on April 4, 2023 to be able to move forward on this project., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. REQUEST FOR STREET CLOSURE - Thomas Johnson, J&B Excavating, is requesting a street closure at 5th Street between Washington and Wabash Street for urgent sewer tap with the Michigan City Sanitary District on April 18, 2023 with a rain date of April 19, 2023 from 7:00 a.m. to 6:00 p.m. Thomas Johnson, J&B Excavating is here today for approval to close 5th Street between Wabash and Washington Street for a 12-hour sewer tap. Steve Stanford Sanitary District Manager addressed the board stating J&B Excavating is working on their behalf. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, there was no response. Vice President Vinson made a motion to approve the street closure at 5th Street between Washington and Wabash Street for urgent sewer tap with the Michigan City Sanitary District on April 18, 2023 with a rain date of April 19, 2023 from 7:00 a.m. to 6:00 p.m., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. REQUEST FOR STREET CLOSURE - Allen Shepperson Jr., Commander of American Legion Post 37, is requesting to have their Annual Memorial Day Parade on May 29th from 9 a.m. to 12:00 p.m. closing Pytinia Parkway to Franklin Street down to Decatur Street to Greenwood Cemetery entrance. Assistant Chief Cooney MCPD stated this is a yearly event and there is no issue with closing the streets and recommends approval. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, Vice President Vinson made a motion to approve American Legion Post 37, Annual Memorial Day Parade on May 29th from 9 a.m. to 12:00 p.m. closing Pytinia Parkway to Franklin Street down to Decatur Street to Greenwood Cemetery entrance pending approval of Insurance., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. “STREET SIGN REQUEST - Paul Przybylinski, Second Ward Councilman, is requesting the placement of a “Stop Sign” at the corner of Barker Avenue and Ohio Street. Paul Przybylinski 2nd Ward Councilman addressed the board stating that he and the residents is concerned as this is a dangerous curve and a big problem. Regular Hybrid/Zoom Meeting – April 3, 2023 Page 5 Assistant Chief Cooney addressed the board stating he will have Corporal Wright conduct a traffic study and return at the next meeting with his recommendations. President Keating asked if there were any comments from the public. Tommy Kulavik 1316 Ohio Street stated he can attest that traffic comes from the stop sign at 11th Street and goes southbound on Ohio Street and nothing slows the traffic down until the traffic light at Earl Road. President Keating asked if the board had any questions or comments, there was no response. Vice President Vinson made a motion to place the “request for a “Stop Sign” at the corner of Barker Avenue and Ohio Street on the pending item list until April 17, 2023 for Corporal Wright to complete a traffic study and provide his recommendation to the board., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. RESTRICTIVE CONVENANT APPROVAL - The City of Michigan City, for the use and benefit of its Department of Parks and Recreation, as a condition of receiving a $250,000 grant from the U.S. Department of Interior and at the state level by the Division of outdoor recreation in the Indiana Department if Natural Resources for renovation to Water Tower Park, desires to record a Restrictive Covenant so that the Water Tower Park shall be retained and used for public outdoor recreation in perpetuity. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments. Vice President Vinson made a motion to approve the Restrictive Covenant by the City of Michigan City, for the use and benefit of its Department of Park and Recreation, as a condition of receiving a $250,000 grant from the U.S. Department of Interior and at the state level by the Division of outdoor recreation in the Indiana Department of Natural Resources for renovation to Water Tower Park, desires to record a Restrictive Covenant so that the Water Tower Park shall be retained and used for public outdoor recreation in perpetuity.., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. COMMUNITY CROSSING AGREEMENT REQUEST - An agreement between the Board of Public Works and Safety and Reith and Riley Construction Co. Inc for the paving as outlined in the 2023 Community Crossing Grant project. Jeff Wright, Haas & Associates, LLC, addressed the board advising the board everything is in place, the notice of award has been delivered, the contracts need to be executed and I will hand delivered to NDOT by April 6, 2023. President Keating stated for the record the board has received bonds and insurance as required and the Board we will be approving and signing the contract today. Further asking Mr. Wright for his assurance that these documents will be delivered immediately to INDOT. To which Mr. Wright responded, “Yes”. President Keating asked if there were any comments from the public, there was no response. President Keating asked if there were any board comments, there was no response. Mayor Parry made a motion to approve the agreement between the Board of Public Works and Safety and Rieth and Riley Construction Co, Inc for the paving of the 2023 Community Crossing Grant project., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. Regular Hybrid/Zoom Meeting – April 3, 2023 Page 6 President Keating read the following item on the agenda. SAFETY ISSUE CONCERN - Paul Przybylinski Second Ward Councilman, Double Track placement of ADA corners on 10 th Street and 11 th Steet not in compliance . Paul Przybylinski, 2nd Ward Councilman, addressed the board with the double track project has made the incline higher on the corners of the sidewalks and when this project is finished it needs to be correct the first time out. Brad Minnick addressed the board stating he had reached out to the construction company which responded that most of the corners along 11th Street were in ADA compliance but there are some that need to be removed and replaced. Further conversation ensued between Brad Minnick, Councilman Paul Przybylinski, and the board regarding the update and reading into the record Ordinance#3966 and the brick street that have been too torn apart due to the double track project. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, Vice President Vinson made a motion to “Table” the “Double Track Project” placement of ADA corners on 10th Street and 11th Street not in compliance and the bricks to receive an update at the next meeting from the contractors, second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. SEWER PAVING CITIZENS CONCERN - Paul Przybylinski, Second Ward Councilman - concerns regarding Lincoln Avenue and Pearl Streets Sanitary sewer project and paving. (Informational purpose only) Paul Przybylinski, Second Ward Councilman, stated he attended the Sanitation Board meeting residents on Pearl Street are having problems with collapsing sewers with no response from the Sanitary board, however, the board is planning on doing a sewer tap on Lincoln Avenue that is schedule to be done on the paving list, the paving of that road should be Sanitation responsibility to pave the road when finished not the City. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments. Mayor Parry stated a sewer tie is being done on Lincoln Avenue and does not take up much space; that it’s a matter of a very small area that is cut, so the Sanitation should not be responsible. President Keating read the following item on the agenda. PARK DEPARTMENT REPORT – Park Department updates and details as to all upcoming community events per BOW Resolution No.2836. President Keating stated we need to have Mr. Shinn Park Superintendent at the next meeting BOW with the report. President Keating read the following item on the agenda. PARK DEPARTMENT REPORT – Terry Greetham, Special Events Director- updates and details as to all upcoming community events per BOW Resolution No.2836. Terry Greetham Special Events Director addressed the board giving highlights of past events, welcoming his new Assistant Eric Williams, and further explained in detail of events coming up. Regular Hybrid/Zoom Meeting – April 3, 2023 Page 7 OPENING OF BIDS- Christine Vanderborg, Code Enforcement Officer is requesting to open the demolition bids for the following properties. Mayor Parry made a motion to close the bids, second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. ● 614 Ridgeland Avenue – Owner L. Delaramon, L. Loomis & Solid Waste We received 1 bid from Smith & Sons Excavating, INC in the amount of $1,100.00. ● 442 Hayes Avenue – Owner Terrance Co llins We received 1 bid from Smith & Sons Excavating, INC in the amount of $13,000.00. ● 816 W. 7th Street – Owner City of Michigan City We received 1 bid from Smith & Sons Excavating, INC in the amount of $29,500.00. Vice President Vinson made a motion to assign these bids to the legal department and code enforcement for their recommendation at the next meeting, second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. CLAIMS AND PAYROLL President Keating read the BOW Claim Docket for March 20, 2023: PAYROLL DOCKET March 10, 2023 City Payroll $ 701,035.93 PAYROLL DOCKET March 24, 2023 City Payroll $ 664,992.85 PAYROLL DOCKET March 31, 2023 City Pension $ 212,642.02 CLAIMS DOCKET April 3, 2023 Municipal $ 2,691,727.67 Health & Life Ins. Fund $ 116,482.11 CDBG $ 0.00 Workers Comp Trust $ 139,863.27 Total Claims: $ 2,948,073.05 Vice President Vinson made a motion to approve the City Payroll Dockets and the Claims Docket in the amount of $2,948,073.05 second by Mayor Parry and carried as follows: AYES: BOW members Parry, Vinson, and Keating (3). NAYS: None (0). Motion Carries. UNFINISHED BUSINESS Don Przybylinski Councilman is requesting two (2) telephone poles to be inspected that are located on the east side of the intersection of Buffalo & Harrison Street and are leaning over the public right of way. Brad Minnick stated NIPSCO did confirm those are AT&T poles and is still trying to touch base with Matt Smith (AT&T) Don Przybylinski stated he went to the poles and saw there is spray paint on the blacktop with numbers, possibly a person is working on it. Regular Hybrid/Zoom Meeting – April 3, 2023 Page 8 President Keating stated this will remain on the pending items list. Kevin McGuire Michigan City Area School, uses of Right- Of -Way the board received a MOU to use parking spots in front of Good News Vintage at 613 Franklin Street to place parking sensors in front of the store, Michigan City Area Schools will be responsible under this MOU for the installation, maintenance and any subsequent removal including all cost and assume all financial and legal responsibilities or damage associated with the equipment. This MOU will terminate on September 30, 2023. Vice President Vinson made a motion to approve the MOUI with the Michigan City Area Schools, second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. Brad Minnick, Primera Engineers, LTD. is requesting a fee proposal for Woodland Avenue Crash Analysis. Brad Minnick asked the board to keep this on the pending items list until the next meeting so he can submit a revised proposal. President Keating stated this will remain on the pending list. President Keating read the following item on the agenda. ORDER TO DEMOLISH- Herald Dispatch March 9, 2023 Public Hearing will be held March 20, 2023 912 Martin Luther King Drive- Owner-Bonnie C Bennett Christine Vanderborg , Code Enforcement Inspector, addressed the board stating Mr. Richards did cap off the 2 sewer lines, the basement section is completely gone, but he has not called for the inspection, he will just need to fill in the rest of the yard. Vice President Vinson made a motion to affirm the Order to demolish 912 Martin Luther King Drive., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. 207 Hendricks Street- Owner- Ahmed Realtor LLC President Keating asked if the board had any questions or comments, there was no response. Vice President Vinson made a motion to Affirm the Order to Demolish 207 Hendricks Street., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. 425 N Woodland Avenue- Owner- Consuelo Tolson President Keating asked if the board had any questions or comments, there was no response. Vice President Vinson made a motion to Affirm the Order to Demolish 425 N Woodland Avenue., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. 925 W 7 th Street- Owner- City of Michigan City President Keating asked if the board had any questions or comments, there was no response. Vice President Vinson made a motion to Affirm the Order to Demolish 925 W 7th Street., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating stated written orders will be issued. PUBLIC COMMENT President Keating stated that the City ’s Website has the forms and explains the requirements and procedures for being placed on the Board Agenda. The forms are Regular Hybrid/Zoom Meeting – April 3, 2023 Page 9 also available from the Clerk ’s office. Also called attention to the Board ’s Resolution #2823 enacted on December 6, 2021 and reading in pertinent part that Public Comment is limited to three (3) minutes. All comments are addressed to the Board President not to the individual Board members. All comments must be germane to and within the mandate authority of this Board. President Keating asked if there were any public comments. Tommy Kulavik 1316 Ohio Street stated there is no raising chickens or living in tents in City limits, also to clarify the park in front of Aimes Field is owned by the school not the City. Councilman Paul Przybylinski, asked the board how we let these houses get this bad where they must be demolished, how long do these procedures go on. Councilman Don Przybylinski stated the bricks on York Street should be brought back and stored by the City so we have the City owned bricks to rebuild the streets; Also, old type A telephone boxes are rusted, knocked over and not in use throughout the City, we need to have them removed as this is a safety concern. BOARD COMMENT President Keating asked if there were any Board comments, there was no response. ADJOURNMENT The presiding officer inquired whether there was anything else to be considered by the Board at this time and, there being none, asked for a motion to ADJOURN the meeting at approximately 10:00 a.m. Vice President Vinson made the motion to Adjourn. The motion was seconded by Mayor Parry. AYES: Board of Public Works and Safety members Keating, Vinson, and Parry (3). NAYS: None (0). Motion Carries . _________________________________________ Gale A. Neulieb, City Clerk