Board of Public Works & Safety

REGULAR MEETING – August 20, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, August 20, 2018, 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 (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sue Downs, Code Compliance Officer Chris Vanderborg, Code Compliance Officer Chief, Mark Swistek, M.C.P.D. Kyle Kazmierczak, Fire Marshall, M.C.F.D. Randy Novak, Fire Chief, M.C.F.D. Mike Neulieb, M.C.F.D. Paul Ruane, Associate Planner Charles Peller, City Engineer John Gorczyca, M.C. Sanitary District Kalon Kubik, Mayor’s Administrator Robert Zondor, Superintendent Central Services Skyler York, Assistant City Planner Craig Phillips, Planning Director Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of August 6, 2018 and the Special meeting on August 14, 2018. Vice-President Murphy made the motion to approve the minutes from the August 6, 2018 Regular meeting and the August 14, 2018 Special meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – 2018 City Wide Pavement Repair Project – Phase 2 – Cleveland Avenue President Janus asked if there was anyone wishing to render a bid at his time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the 2018 City Wide Pavement Repair Project – Phase 2 – Cleveland Avenue. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising (2) sealed bids were received as follows: Rieth-Riley Construction Co. $318,350.00 Walsh & Kelly, Inc. $337,325.00 Vice-President Murphy made the motion to refer the bids to Legal and Engineering for review and recommendation and report back at the next meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – Sale of City Property – Greene Street parcel #46-01-32-202-023.000-022 Corporate Counsel, Amber Lapaich addressed the Board advising (1) bid was received from Keenan Perry in the amount of $200.00; stating the Board set the opening bid at $2,430.00, but they can take this bid into consideration since it is an abutting landowner. Skyler York, Assistant City Planner addressed the Board stating this is a small piece of land that the City will have to maintain if we retain ownership of it; recommending they accept Mr. Perry’s offer so he can purchase the property, maintain it, and pay the taxes. Vice-President Murphy made the motion to support Mr. York’s suggestion to accept Mr. Perry’s bid so that he can purchase the property and the City can get the land back on the tax roll. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. August 20, 2018 Page 2 ACCEPTANCE OF DEED DEDICATION – Todd Leeth, Hoeppner Wagner & Evans representing M.C. Distribution, LLC is requesting the City of Michigan City accept the Deed of Dedication for certain public rights-of-way within the Millennium Business Park5 Corporate Counsel, Amber Lapaich addressed the Board stating there was an Ordinance vacating certain property; advising all City Departments were involved in discussions regarding this and are in support of it; explaining the vacation was approved by the Common Council. Sharon Nickel, Director of Supply Chain Operations for GAF addressed the Board stating they are interested in purchasing a very large piece of property in Millennium Business Park for further development and investment in the Community; asking for approval of the easements so they can continue with the purchase of the land. Virginia Keating made the motion to accept the deed of dedication for certain public right-of-ways within Millennium Business Park. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR LANE CLOSURE – Andrea Jesudian, Acuity Environmental Solutions, is requesting lane closures of the center and west lanes of Franklin Street north of Brinkman Avenue beginning on September 24, 2018 thru September 28, 2018 (24 hours) to complete groundwater injections (18 in total) for the purpose of groundwater remediation Charles “Spike” Peller, City Engineer addressed the Board stating he looked over this request; advising he has quite a few questions regarding the lane closures on Brinkman Avenue; asking for more information regarding the lane closure. Steve Stanford, M.C. Sanitary District addressed the Board stating this request is in connection with a clean-up implementation of an approved remediation work plan for a dry cleaner contamination problem; advising it is separate from the one that was in the newspaper over the weekend, although the responsible party is the same; explaining the responsible party and their consultant is working cooperatively with the Sanitary District; further advising the Sanitary District is supporting this request. Vice-President Murphy made a motion to approve the request for lane closure for Acuity Environmental Solutions beginning on September 24, 2018 thru September 28, 2018 (24 hours) to complete groundwater injections (18 in total) for the purpose of groundwater remediation, pending more specific traffic information submitted to the City Engineer. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR SIGNAGE – Valarie Berrios, 4103 E. Michigan Boulevard, is requesting that a school bus street sign be posted at 4103 E. Michigan Boulevard and a reduction in the speed limit from the tracks to Motts Parkway for public/child safety Charles “Spike” Peller, City Engineer addressed the Board stating there was a handout showing what he is recommending; asking for approval. Chief Mark Swistek, M.C.P.D., addressed the Board stating that Michigan Boulevard and Motts Parkway it is a designated school bus pickup zone; recommending a school bus pickup sign is posted and the speed limit stay as it is in that area. Virginia Keating made the motion to approve the request for a school bus street sign to be posted 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: None (0). Motion Carries. CITIZEN REQUEST – Richard Anderson, 210 California Avenue, Sheridan Beach, is requesting for the owners of 213 California Avenue to remove garbage cans and “No Parking” signage from City property that obstructs beach access Charles “Spike” Peller, City Engineer addressed the Board stating this is a City right-of-way and he has seen cars parked there; recommending the “No Parking” sign and garbage cans are removed. Discussion ensued between Vice-President Murphy and Mr. Peller regarding the “No Parking” sign being on City property. Virginia Keating made the motion to approve the request to remove the “No Parking” signage and the obstructions to beach property at 213 California Avenue. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AGREEMENT – Agreement for License to Conduct Firearms Training between LaPorte County and City of Michigan City, Indiana Corporate Counsel, Amber Lapaich addressed the Board stating this is an agreement between the Board of Public Works and Safety and the LaPorte County Commissioners for our officers to use their firing range; advising this agreement would continue until either party would notify the other that we would terminate the agreement; explaining there is no fee to the City; asking for approval. Virginia Keating made the motion to approve the Agreement for the license to conduct firearms training between LaPorte County and the City of Michigan City, Indiana. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. August 20, 2018 Page 3 APPROVAL FOR PURCHASE & TRADE-IN FOR THE M.C.P.D. – Chief Mark Swistek, Michigan City Police Department, is requesting approval for the trade-in and purchase of new generations 5 Glock handguns using the “Agency Upgrade Program” Chief Mark Swistek, M.C.P.D., addressed the Board stating he is requesting to upgrade all 181 handguns used by the Michigan City Police Department; advising the Glock manufacturer has an exclusive trade-in offer available to Indiana Police Departments currently that started on July 9, 2018 and ends on October 1, 2018; explaining the current firearms are in a state of condition that they have to either upgrade them or replace springs and magazines for each handgun; further stating this is an excellent program to take advantage of; also requesting to use 47 shotguns that are no longer in service be utilized as trade-ins towards this purchase; further advising the shotguns have already been replaced with patrol rifles; further explaining the total purchase with trade-ins is $11,190.00; asking for approval. Corporate Counsel, Amber Lapaich addressed the Board stating that Chief Swistek, did get 2 quotes and this quote is the lowest. Vice-President Murphy made a motion to approve the purchase and trade-ins for new generations 5 Glock handguns using the “Agency Upgrade Program” for Chief Swistek, M.C.P.D. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. RESOLUTION – Approving and Accepting the Conveyance of the “Greenhouse Property” and other parcels from the Michigan City Redevelopment Commission to the City of Michigan City, Indiana for the use and benefit of the Michigan City Parks and Recreation Department MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. 2811 APPROVING AND ACCEPTING THE CONVEYANCE OF THE “GREENHOUSE PROPERTY” AND OTHER PARCELS FROM THE MICHIGAN CITY REDEVELOPMENT COMMISSION TO THE CITY OF MICHIGAN CITY, INDIANA, FOR THE USE AND BENEFIT OF THE MICHIGAN CITY PARKS AND RECREATION DEPARTMENT WHEREAS, the Michigan City Redevelopment Commission (the “Commission”) governing body of the City of Michigan City Department of Redevelopment (the “Department”) and the Redevelopment District of the City of Michigan City, Indiana (the “Redevelopment District”), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in I.C. 36-7-14, as amended from time to time (the “Act”); and WHEREAS, the Commission acquired certain parcels of real estate from the City of Michigan City (the “City”), acting by and through the Michigan City Common Council, the Michigan City Parks and Recreation Department, Michigan City Department of Water Works, and the Michigan City Board of Public Works & Safety, commonly known as the “Greenhouse Property” and located on Lake Shore Drive consisting of three (3) distinct parcels with identification numbers of 46-01-20-476-001.000-022, 46-01-29-201-002.000-022 and 46-01-29- 201-005.000-022, (A copy of the legal description of said parcels are attached hereto as “Exhibit A” and incorporated herein); and WHEREAS, the Commission undertook and finished a complete renovation of the Greenhouse building to remove a prominently situated blight on the City, as well as restoring a historically significant structure that is both aesthetically pleasing and provides functional utilization to the City’s lakefront; and WHEREAS, the Commission, which completed its statutory responsibility for the renovation of a blighted structure pursuant to I.C. 36-7-14 et seq., enacted on July 9, 2018 Resolution # 5-18 entitled “Authorizing the Conveyance of the Property Commonly Known as the “Greenhouse Property” and Other Parcels to the City of Michigan City, Indiana for the Use and Benefit of the Michigan City Parks and Recreation Department”(A copy of Commission Resolution # 5-18 is attached hereto and incorporated herein as “Exhibit B”); and WHEREAS, pursuant to the Commission’s Resolution #5-18, the Commission desires to convey the Greenhouse and other parcels acquired by the Commission, as more specifically described in “Exhibit A,” to the City of Michigan City, Indiana, for the use and benefit of the Michigan City Parks and Recreation Department, as part of the redevelopment efforts as to be included in the Washington Park Renovation Project previously adopted and approved by the Commission; and WHEREAS, on July 18, 2018, the Michigan City Park Board (the “Park Board”) enacted Resolution #874 entitled “Requesting the Michigan City Board of Public Works & Safety’s Approval of the Conveyance of the “Greenhouse Property” and Other Parcels from the Michigan City Redevelopment Commission & Requesting the Michigan City Common Council Extend and Enlarge the Boundaries of the Property Under the Jurisdiction of the Michigan City Park Department to Include the “Greenhouse Property” and Other Parcels from the Michigan City Redevelopment Commissions” (A copy of the Park Board’s Resolution #874 is attached hereto and incorporated herein as “Exhibit C”); and WHEREAS, by virtue of Resolution #874, the Park Board requests the City of Michigan City, Indiana, by and through the Michigan City Board of Public Works & Safety accept the conveyance of the “Greenhouse” and all property described in “Exhibit A” from the Commission for the use and benefit of the Michigan City Parks and Recreation Department; and WHEREAS, in addition, pursuant to Resolution #874 and assuming the Michigan City Board of Public Works & Safety accepts said conveyance, the Park Board requests that the Michigan City Common Council, pursuant to Common Council Resolution # 2302 extend and August 20, 2018 Page 4 enlarge the boundaries of property under the jurisdiction of the Michigan City Park Department to include the “Greenhouse” and all property described in “Exhibit A;” WHEREAS, on August 8, 2018, the Michigan City Common Council (the “Council”) enacted Resolution #4719 entitled “Recommending that the Board of Public Works & Safety Approve and Accept the Conveyance of the “Greenhouse Property” and Other Parcels from the Michigan City Redevelopment Commission to the City of Michigan City, Indiana, for the Use and Benefit of the Michigan City Parks and Recreation Department & Enlarging the Boundaries of Property under the Jurisdiction of the Michigan City Park Department to Include the Greenhouse Property Pursuant to Common Council Resolution #2302” (A copy of the Council’s Resolution #4719 is attached hereto and incorporated herein as “Exhibit D”) NOW, THEREFORE, BE IT RESOLVED BY THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY AS FOLLOWS: 1. The aforementioned “Whereas” sentences are incorporated herein as if fully set forth herein. 2. The Michigan City Board of Public Works and Safety (the “Board”) hereby accepts the conveyance of the “Greenhouse” and all other property described in “Exhibit A” on behalf of the City of Michigan City, Indiana, for the use and benefit of the Michigan City Parks and Recreation Department 3. The Board further finds and determines that its President is hereby authorized to execute any and all documents or otherwise engage in any action necessary to conclude all transactions required to effectuate the sale and transfer of title of the Greenhouse Property from the Commission to the City of Michigan City, Indiana, for the use and benefit of the Michigan City Parks and Recreation Department. Adopted by the Board of Public Works & Safety of the City of Michigan City, Indiana by a vote of 3-0 this 20th day of August, 2018. /s/ Stephen Janus, President Board of Public Works & Safety (Note: All supporting documentation is attached to the resolution in the Clerk’s Office) Corporate Counsel, Amber Lapaich addressed the Board stating that sometime ago, the City deeded the “Greenhouse Property” to the Redevelopment Commission to rehab; advising that rehab is complete, so the Redevelopment Commission would like to give that back to the City, specifically for the use and benefit of the Michigan City Park Department; explaining that Redevelopment, the Park Board and the Common Council has approved the transfer back to the City; further advising this Resolution would also approve the transfer and provide the President the authority to execute any documents to actuate the transfer. Discussion ensued between President Janus and Counsel Lapaich regarding if this also transfers to the property to the Park Department. Counsel Lapaich responded, yes, specifically for their use and benefit. Virginia Keating made the motion to approve and accept the conveyance of the “Greenhouse Property” and other parcels from the Michigan City Redevelopment Commission to the City of Michigan City, Indiana for the use and benefit of the Michigan City Parks and Recreation Department. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPEAL – Attorney Scott McClure, representing Calumet Pallet Company, 4333 Ohio Street, is formally requesting to appeal the Fire Marshall’s order to remove utilities and close business City Clerk, Gale Neulieb swore in anyone that would be testifying; which was Attorney Scott McClure and Fire Marshall, Kyle Kazmierczyk. Attorney Scott McClure, representing Calumet Pallet Company addressed the Board stating they have had conversations with Counsel Jim Meyer and Fire Marshall, Kyle Kazmierczyk concerning the current state of affairs at 4333 Ohio Street; advising some progress has been made internally, but not nearly enough action in the yard itself; explaining Calumet Pallet needs to bring their life safety issues into compliance with the Fire Marshall; further stating the remedy would be to pull the utilities, however in doing that they would not have sprinklers or fire alarms; further explaining some progress has been made internally regarding sprinklers, fire alarms and fire hydrants; further advising once those issues are taken care of, they need to go to the yard and figure out access for the Fire Department in and around the yard and also for entering and exiting the premises; further stating they and been able to remove 100 or so loads of debris and pallets from the property. Kyle Kazmierczyk, Fire Marshall, M.C.F.D., addressed the Board with a lengthy presentation of information that the City Inspection team and Fire Department has been diligently working on regarding Calumet Pallet Company dating back to February 2015; advising this property is close to a 13 acre site which ¾ of it is filled with pallets which is an overabundance fire load for NFPA (National Fire Protection Association) standards. Attorney, Jim Meyer representing the Michigan City Fire Department and Code Enforcement addressed the Board stating the M.C.F. D. and Code Enforcement is asking the Board to deny the appeal of the order to remove utilities, and postpone the removal of utilities as long as Fire Marshall, Kyle Kazmierczyk agrees; advising the plan is for Fire Marshall Kazmierczyk and Attorney McClure to talk to each other, identify specifically what, when and how it needs to be done, who needs to witness it in order to demonstrate the improvement of the location; explaining that if anytime Fire Marshall, Kazmierczyk believes that the work is not being done properly or not as promised, he will have the sole discretion to implement the order to have the utilities removed from the building. August 20, 2018 Page 5 Vice-President Murphy made the motion to deny the appeal regarding the removal of the utilities, with the condition that the timeline of the removal of the utilities is now under the control and sole discretion of Fire Marshall, Kyle Kazmierczyk. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). 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: None (0). 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 1 of 11 08/17/2018 $619,745.06 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 19 08/20/2018 $466,407.96 UNFINISHED BUSINESS Keenan Perry, 1207 Buffalo Street request to purchase City property parcel #460132202023000022 Corporate Counsel, Amber Lapaich addressed the Board stating this item has already been addressed and can be removed from the pending list. Virginia Keating made the motion to remove the matter of the purchase of City property from the pending/unfinished business list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. John Fegaras – 3940 S. Franklin Street – Reduction on Revolving Loan Gale Neulieb, City Clerk addressed the Board stating she received an email from Clarence Hulse advising he received the signatures needed and will record the documents with the Recorder’s Office; explaining she has not received anything back at this time; asking this stay on the pending list for 2 more weeks. Christian Byrom – 212 Tryon Street requesting the installation of street lights, stop signs, and posted speed limit signs Charles “Spike” Peller, City Engineer addressed the Board stating that Mr. Byrom discovered one of the streetlights was not working so he contacted NIPSCO and they came out and repaired the light; advising he believes Mr. Byrom is fine with the lighting situation; explaining there are stop signs all along Tryon Street which he believes is sufficient; 4 way stops are not necessary; further advising speed limit signs are posted, if the M.C.P.D. feels more signs are needed, that is their call. Virginia Keating made the motion to adopt the recommendation from the City Engineer regarding the matter of 212 Tryon Street, regarding street lights, stop signs and posted speed limit signs. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Ron Lantroop- A Slice of Heaven, requesting fencing near his mobile vendor food truck Craig Phillips, Planning Director addressed the Board stating that Paul Ruane, Associate Planner has conducted some research looking at comparative ordinances and standards from other communities around the United States to get an idea of how they handle these types of facilities; advising the only standards that exist with regards to food trucks with additional structures (permanent or semi-permanent) to a site are associated with food truck courts or food truck sites where multiple food trucks are located year round; explaining additional structures are: fences, trash containers, restrooms, seating and that kind of thing; further stating these options are not permitted on a site where it is considered a mobile food vendor; further advising that with mobile food vendor licenses, the intention is for them not to become permanent; further explaining their recommendation is that we do not allow anything other than an occasional request for a picnic table August 20, 2018 Page 6 or something similar to what we have allowed Mr. Landtroop to do in the past; recommending the Board take no further action and deny this request. Vice-President Murphy made the motion to deny the request per the recommendation of the Planning Director, Craig Phillips. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Demolitions 121 N. Porter Street Corporate Counsel, Amber Lapaich addressed the Board stating that she believes this was once again a continuation of the demolition hearing; advising the Board has not affirmed the demolition order; explaining Fannie Mae is going to demo on their own. Sue Downs, Building Commissioner addressed the Board advising she has had no communications with Valerie Kubacki, Prime Real Estate; stating Fannie Mae has received (2) bids and are paying for it. Discussion ensued between President Janus, Ms. Downs and Counsel Lapaich regarding what would happen if the Board upholds the demolition order. Counsel Lapaich answered it could still be Fannie Mae’s responsibility; stating her preference would be to continue this matter. Ms. Downs asked if there is harm in affirming the demolition. Counsel Lapaich stated if the Board affirms it, then the City can proactively step in and do the demo if Fannie Mae doesn’t’ step up and do it and lien our cost back on the property. Vice-President Murphy made the motion to affirm the demolition. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. PUBLIC COMMENTS President Janus asked if there were any Public Comments; there was no response. BOARD COMMENTS President Janus asked if there were any Board comments; there was no response. (FIVE MINUTE RECESS) GRIEVANCE HEARING – Michigan City Fire Department Local #475 The Board took this matter under advisement and tabled it to the next meeting on Tuesday, September 4, 2018. Vice-President Murphy made the motion to take this matter under advisement and table it to the next meeting on Tuesday, September 4, 2018. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 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 10:10 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: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk