Board of Public Works & Safety

REGULAR MEETING – August , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, August 5, 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 and Virginia Keating (2) Absent: Rich Murphy (1) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sue Downs, Building Commissioner Christine Vanderborg, Code Compliance Officer Skyler York, Assistant City Planner Captain Jeff Loniewski, Traffic Division, M.C.P.D. Kevin Urbanczyk, Assistant Chief, M.C.P.D. John Gorczyca, M.C. Sanitary District Kalon Kubik, Mayor’s Administrator 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 July 15, 2019. Virginia Keating made the motion to approve the minutes from the Regular meeting of July 15, 2019. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch July 8, Public Hearing will be held on August , • Virginia Court- Owner Jeffrey L. Jones Sue Downs, Building Commissioner addressed the Board presenting the history of 109 Virginia Court; advising the Bank will not take any action being the owner is up to date on the mortgage; asking for approval to move forward with the demolition. Discussion ensued between Corporate Counsel, Amber Lapaich and Ms. Downs regarding if the affidavit of service of process has been filed. Ms. Downs responded yes. Don Przybylinski, City Councilman, 215 Gardena Street addressed the Board stating he has been getting complaints from residents in the neighborhood regarding this property for six (6) years; stating 109 Virginia Court is uninhabitable. Regular Meeting – August 5, 2019 Page 2 Virginia Keating made the motion to approve the request to demolish 109 Virginia Court. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch July 8, Public Hearing will be held on August , • : F Street – Owner Willie Edmond James Edmond, Brother of Willie Edmond, 126 F Street, addressed the Board commenting on his brother’s property. Sue Downs, Building Commissioner addressed the Board presenting the history of 126 F Street; advising she has attempted to contact the owner several times and has not received any response; stating Mr. Edmond did sign for the certified letter; explaining Mr. James Edmond (his brother) has no legal rights to the property. Discussion ensued between Corporate Counsel, Amber Lapaich and Ms. Downs regarding if the affidavit of service of process has been filed. Ms. Downs responded yes. President Janus made the motion to approve the request to demolish 126 F Street. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. ORDER TO DEMOLISH - News Dispatch July 8, Public Hearing will be held on August , • < F. Street – Owner Jamaal Taylor Sue Downs, Building Commissioner addressed the Board advising she has been in contact with the owner; stating no action has been taken on the property. Jamaal Taylor, 227 Barker Road-Apartment 110, addressed the Board stating he purchased the property on a tax sale with intentions of rehabbing the home; advising he now has the means to do so; asking for two (2) to three (3) months to show a substantial difference in the appearance of the property and present more evidence to show he is actively working on the home. President Janus stated the Board can give him 30 days to get a plan and his intentions approved by Sue Downs, Building Commissioner and report back at the first meeting in September, which is September 3, 2019. Ms. Downs stated for the record that Mr. Taylor needs to pull permits for the work being done on the property. President Janus made the motion to give Jamaal Taylor 30 days to get his plan and intentions to Sue Downs, Building Commissioner for approval and report back at the first meeting in September, which is September 3, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. Regular Meeting – August 5, 2019 Page 3 OPENING OF BIDS – Pavement Crack Sealing Project – Engineer – Haas & Associates, LLC. President Janus asked if there was anyone present wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the 2019 Pavement Crack Sealing Project. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising 2 bids were received as follows: Walsh & Kelly, Inc. $344,000.00 Rieth-Riley Construction Co. Inc. $384,500.00 Virginia Keating made the motion to refer the bids for the 2019 Pavement Crack Sealing Project to the appropriate City Departments for their review and recommendation at the next meeting on August 19, 2019. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. OPENING OF BIDS – Michigan City Paving Project – Engineer – SEH of Indiana President Janus asked if there was anyone present wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the 2019 Michigan City Paving Project. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising 2 bids were received as follows: Walsh & Kelly, Inc. $969,952.09 Rieth-Riley Construction Co. Inc. $968,440.21 President Janus made the motion to refer the bids for the 2019 Michigan City Paving Project to the appropriate City Departments for their review and recommendation at the Special Meeting on August 12, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. OPENING OF BIDS – City Wide Pavement Markings Project – Engineer – SEH of Indiana President Janus asked if there was anyone present wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the 2019 City Wide Pavement Markings Project. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising 1 bid was received as follows: Regular Meeting – August 5, 2019 Page 4 Air Marking Company, Inc. $284,311.50 President Janus made the motion to refer the bid for the 2019 City Wide Pavement Markings Project to the appropriate City Departments for their review and recommendation at the Special Meeting on August 12, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. REQUEST FOR SIGNAGE – Eleanore Hartman, < Fogarty Street (Canada Park Neighbors) is requesting placement of “No Parking” signs on the south side of Fogarty Street to prevent traffic grid-lock Eleanore Hartman, 230 Fogarty Street addressed the Board regarding her issues and concerns with the parking on Fogarty Street. Captain Jeff Loniewski, Traffic Division, M.C.P.D. addressed the Board stating he looked at the situation and it is a safety issue; advising he is in support of her request to eliminate the parking on the south side of the street; recommending approval. Discussion ensued between President Janus and Captain Loniewski regarding which section of the street this would be. Captain Loniewski stated it will be the entire street between Lake and Center Street. Captain Loniewski also addressed the Board regarding the north east corner of Fogarty and Center Street near Dune Billies restaurant; advising there is a “No Parking” sign because they are having a problem with people parking on the sidewalk and blocking the road; recommending the Street Department paint the curb at the north east corner yellow. Virginia Keating made the motion to approve the request for “No Parking” signs on the south side of Fogarty Street and also to include the recommendation as to the north east corner at the intersection of Center and Fogarty Street near Dune Billies from Captain Jeff Loniewski, Traffic Division, M.C.P.D. and refer this matter to the Street Department; and place this matter on the pending items/unfinished business list. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. REQUEST FOR SIGN PLACEMENT – Abby May, Michigan City Mainstreet Association, : Franklin Street, is requesting placement of pedestrian Wayfinding Signage in the Uptown Arts District Corporate Counsel, Amber Lapaich addressed the Board stating Redevelopment gave Mainstreet money to purchase the signs; advising she has a few questions regarding this matter. Skyler York, Assistant City Planner addressed the Board asking this matter is tabled to the next meeting on August 19, 2019. President Janus made the motion to place this item on the pending items/unfinished business list for the next meeting on August 19, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. Regular Meeting – August 5, 2019 Page 5 ADOPTION AGREEMENT – A Canine Adoption Agreement between the Michigan City Board of Public Works and Safety and Michael McLemore for the retirement of Police Canine Chapo Von Ibso Kevin Urbanczyk, Chief of Operations, M.C.P.D. addressed the Board stating this is a common practice; recommending approval. Corporate Counsel, Amber Lapaich addressed the Board advising the canine is going out of service; stating when the canine goes out of service the handler then becomes the owner of the dog; explaining this agreement will indemnify and hold the City harmless. Discussion ensued between President Janus and Chief Urbanczyk regarding if funds are available for the purchase of new Police dogs. Chief Urbanczyk responded that in April 2018 a fundraiser was held in conjunction with the LaPorte County Sherriff’s Department; advising funds are available. President Janus stated he would like to see the City Council pass a resolution or ordinance that allows the City to buy a health insurance policy for retired canines for the services they have provided to the City of Michigan City. Virginia Keating made the motion to approve the canine adoption agreement between the City of Michigan City Board of Public Works and Safety and Michael McLemore for the retirement of Police Canine Chapo Von Ibso. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. REQUEST FOR LANE CLOSURE – James Berndt, August Mack Environmental, Inc. is requesting lane closure of East Michigan Boulevard (northern lane adjacent to the shoulder for west bound traffic) between Case and Tryon Streets for an environmental investigation from August :- , between D:< a.m. – :< p.m. Charlie Gomez, Project Manager, August Mack Environmental, Inc. addressed the Board explaining the closure. Captain Jeff Loniewski, Traffic Division, M.C.P.D. addressed the Board stating he recommends approval of the request. Virginia Keating made the motion to approve the request for lane closure for East Michigan Boulevard (northern lane adjacent to the shoulder for west bound traffic) between Case and Tryon Streets for an environmental investigation by August Mack Environmental, Inc. from August 6-9, 2019 between 7:30 a.m. – 5:30 p.m. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. SCULPTURE PLACEMENT- Shannon Eason, Michigan City Public Art Committee, is requesting approval to move the sculpture “Circle of Fifths” to the southeast corner of Franklin and Ripley Streets Janet Bloch, Michigan City Public Art Committee addressed the Board stating they want to move the sculpture from 6th and Franklin Streets to the southeast corner of Franklin and Ripley Streets. Skyler York, Assistant City Planner addressed the Board stating the Planning Department has no concerns; recommending approval. Regular Meeting – August 5, 2019 Page 6 Virginia Keating made the motion to approve the request to move the sculpture “Circle of Fifths” to the southeast corner of Franklin and Ripley Streets. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. CORRESPONDENCE – The Clerk’s Office received correspondence on July < , from Kathryn Stransky, < E. Barker Avenue, regarding further development of Wescott Park RESIGNATION- The Michigan City Police Department announces the resignation of Officer Michael McLemore effective August , (Note: for informational purposes only) 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 President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: None ( ). 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 07/19/2019 $631,671.32 of 08/01/2019 $230,828.61 of 08/02/2019 $605,990.03 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 10 08/05/2019 $952,757.78 UNFINISHED BUSINESS President Janus stated the first item on the Pending Items list is Harry & Maureen Stevens, Stevens Marine, :F W. U.S. Highway , have pedestrian safety concerns with the crosswalk located on Lakeshore Drive across from the Michigan City Armory entrance Skyler York, Assistant City Planner addressed the Board stating the painting has been completed at the crosswalk. Captain Jeff Loniewski, Traffic Division, M.C.P.D. addressed the Board advising the old signs have not been replaced at this time. Regular Meeting – August 5, 2019 Page 7 Virginia Keating made the motion to remove this matter from the pending items/unfinished business list. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: None ( ). Motion Carries. President Janus stated the next item on the Pending Item List is Employee Payroll Deductions – Kris Pate, United Way of LaPorte County, is requesting modification of the City policy regarding employee payroll deductions for United Way contributions President Janus stated since the City Controller is absent from the meeting, he is recommending this item stay on the pending items/unfinished business list. President Janus stated the next item on the Pending Item List is a request for Sean Fitzpatrick – request for street lights on Pahs Road for pedestrian safety Jay Niec, SEH of Indiana addressed the Board explaining there are 10 light poles on Pahs Road that are located within Michigan City limits that will have lights installed by NIPSCO; stating no lights will be installed on County property; advising the approximate cost to operate these lights for twelve (12) months will be $2,184.34. Don Przybylinski, City Councilman addressed the Board stating he approves of this project. Virginia Keating made the motion to approve the request for the installation of ten (10) new LED lights on Pahs Road on City owned property and remove this matter from the pending items/unfinished business list. The motion was seconded by President Janus and carried as follows. 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) Corporate Counsel asked for this matter to stay on the pending item/unfinished business list until it is finalized. President Janus stated the next item on the Pending Item List is a request for the order to demolish Franklin Street – </ 8/ This matter will be revisited at the first meeting in September which is September 3, 2019. President Janus stated the next item on the Pending Item List is +WeCreate Media- Marketing Contract for – the : -day update will be on the July , at the B.O.W. meeting. The next update on the progress of this matter will be at the meeting on October 7, 2019. President Janus stated the last item on the Pending Item List is a request for the sale of Fogarty Street Property – Parcel #F: <: (this was tabled from the May :, meeting) Regular Meeting – August 5, 2019 Page 8 This item will stay on the pending items/unfinished business list for six (6) months – report back at the November 18, 2019 meeting. 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. Discussion ensued between President Janus and Corporate Counsel, Amber Lapaich regarding where we stand with the Job Studies for employees that were done months ago. Counsel Lapaich stated she believes this has been completed but she is not sure if the reports have been generated yet. Discussion ensued between President Janus and Skyler York, Assistant City Planner regarding the ordinance that you can’t put political/advertising signs between the curb and the sidewalk. Mr. York responded some signs are allowed, such as basketball championships and things of that nature; stating whomever wants to place a sign in the right-of-way needs to come before the Board and ask for approval. 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 9:25 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Keating ( ). NAYS: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk