Board of Public Works & Safety

REGULAR MEETING – October 5, 2020 The Board of Public Works, and Safety of the City of Michigan City, Indiana met in regular session on Monday morning, October 5, 2020, at the hour of 8:30 a.m., local time, hosted at Krueger Memorial Park, 801 Liberty Trail. The meeting was called to order by President Harris, who presided. Noted present: Keith Harris, Virginia Keating, and Duane Parry (3) Absent: (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich-Corporate Counsel Sue Downs-Building Commissioner Andy Matanic-IT Director Terry Burland-IT Chris Yagelski-Mayors Administrator Shong Smith-Central Services Ed Shinn- Park Department Asst. Chief Cooney-Michigan City Police Department Gale Neulieb-City Clerk Kristina Zawacki-Assistant Deputy Clerk PLEDGE OF ALLEGIENCE APPROVAL OF MINUTES President Harris asked if there were any corrections to the minutes from the Regular Meeting of September 21, 2020. Vice-President Keating made the motion to approve the minutes from the Regular Meeting of September 21, 2020. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. REQUEST FOR STREET CLOSURE-Kevin Dywan, NICTD, Northern Indiana Commuter Transportation District, is requesting full street closure on Michigan Boulevard between Vail and Tryon Street; closure of eastbound 11th Street at the turning lane onto Michigan Boulevard; NICTD will be replacing tracks and railroad ties at the intersection of 11th Street and Michigan Boulevard; starting on October 26, 2020 through November 3, 2020 from 7:00 a.m.- 5:00 p.m. Kevin Dywan, Engineer for NICTD, stated that this project is not part of the double track; the closure would start on Monday, October 26, 2020 to start ripping out the asphalt, panel and start replacing the panel on Wednesday. Kenneth Purze, speaking on behalf of Park Place Investments. Mr. Purze owns real estate at 911 E. 11th Street which is directly located in front of the area NICTD is requesting to close for their project. Mr. Purze states that they have a twenty (20) year history; and has owned the property since 1999 and has had problems with the sewer the whole time they have owned the property. Michigan City Sanitary District is aware of the issue; it’s both a problem with the city sewer line and the private lateral. Mr. Purze stated that there is a torte claim with Michigan City Sanitary District; and is requesting before the board to take action to allow the street closure that the Board have a dialogue with the Michigan City Sanitary District and Mr. Purze or his Council. There has been a history of over-weight railroad cars, city traffic, cars, trucks, etc. and the problem is with the manhole that is out in the street. If the street is going to be torn up and the tracks are going to be replaced, he would like it to be resolved. Mr. Purze stated that he has never met the engineer from NICTD and had no idea of the project they had going on until he saw the agenda for todays meeting. Mr. Purze is requesting that the Board table the issue so that some dialog take place; if they are going to tear up everything that is the time to take care of the sewer problems with the Sanitary District; especially with the private lateral he has and it would be in the mutual interest for all parties to get this done while the street is torn up. President Harris asked if anyone had any questions for Kenneth Purze; Mayor Parry asked if he has a residential property there that is occupied at this present time. Mr. Purze stated that yes, it is, it is a duplex unit directly in front of the area that they requested to close. Mr. Purze believes that none of the sewer issues have been addressed and that the Sanitary District has had a chance to review or consider this. Mayor Parry stated that he had a question for Kevin Dywan, NICTD Engineer. Mayor Parry asked him during the course of the work of digging up the existing ties and replace them, how deep will the excavation go; Mr. Dywan stated that they would be going roughly 2 ½ feet below the asphalt. Mayor Parry asked Mr. Purze how that is going to affect his existing sewer problem. Mr. Purze stated that he believes the sewer issues were from a home that was built in the 1900s and the entire sewer system for the Sanitary District in that area flows into a manhole that is deuterating. The Sanitary District has a history of back up and problems in addition with their history privately with DNM Excavating; his guess is that there was not very much focus or stringent guidelines to the depth of the sewer lines or the condition of the sewer. If they are redoing the tracks this is the time to address if there is sewer issues there; before NICTD invests the cities money into redoing Regular Meeting – October 5, 2020 Page 2 the tracks and ties in the area. Engineers from the Sanitary District need to look into this project to make sure it is addressed properly. Mayor Parry stated that he was not aware of the sewer issues that Mr. Purez mentioned; and that Mr. Purez is attempting to get the Sanitary District and whoever else is involved to get them off dead center. Mr. Purez said that this was not a way to get them off dead center; its more so to give them the opportunity to address a two-decade problem while they have the opportunity and the street is torn up. Kenneth Purze stated that he is not asking for the project not to get done; he is asking if this issue can be tabled giving the Sanitary District time to look into this issue. Mayor Parry asked Mr. Dywan how much notice he needs for the closure. Mr. Dywan stated that he would like to have a two (2) week notice in order to put up signs alerting the public that the street will be closed. Mr. Dywan explained that the area that they will be tearing up is at least one hundred (100) feet from the house and three to six (3-6) feet on either side of the rail. Mr. Purez would like the engineer to take a look because seventy five (75) feet in front of the house is his private property; the lateral and city sewer that is having the problem has a manhole that is closer to the intersection of Michigan Boulevard and 11th Street is directly where they are proposing to do the work. Mayor Parry made the motion to table this request until the October 19, 2020 meeting giving the Sanitation Department time to look into the issue. President Harris stated that the Board may call a special meeting in order to get this approved sooner. Mayor Parry made the motion to table this request until the next meeting. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. REQUEST FOR STREET CLOSURE-Whitney Mann, The Tree Mann Inc. 2367 N. US Highway 35, is requesting a street closure located at 3001 Maple Street to use a 40-ton crane to remove a large hazardous tree; October 9, 2020 from 8:00 a.m. to 3:00 p.m. Brian Mann, Owner of The Tree Mann, is looking to close the street between Garrettson and Boyd; but the only area impacted are four (4) houses; two of the houses will be working on the one tree and the neighbors are allowing them to place a piece of equipment in their driveway. The other homes the workers can move equipment as needed to let people out of their driveways. Traffic will be able to drive one way or another; the tree has root rot and a lot of decay and structurally unsound; so they don’t want to rig the tree with ropes because it could shock the tree and the tree could fall over and there is danger that the tree might fall onto a neighbor’s driveway or into the street. President Harris stated that Traffic Division Captain Loniewski could not be at the meeting today, but the Michigan City Police Department would recommend the closure. Vice President Keating made a motion to approve the street closure located at 3001 Maple Street to use a 40-ton crane to remove a large hazardous tree on October 8, 2020 from 8:00 a.m. to 3:00 p.m. The motion was seconded by Mayor Parry and continues as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. REQUEST FOR STOP SIGNS-Doug Kring, 2937 Cleveland Avenue, is requesting to have two (2) stop signs placed at Cleveland Avenue and Elmer Street or Cleveland Avenue and Cole Court for public safety Doug Kring, 2937 Cleveland Avenue, stated that ever since the City opened Cleveland Avenue all the way to 400 North the neighborhood has seen an increase in traffic and speeding; continuing there are a lot of little kids in the neighborhood. Mr. Kring believes that putting in a stop sign would slow traffic down. Cpt. Loniewski requested that this issue be tabled until the next Board of Public Works and Safety meeting on Monday, October 19, 2020 to allow time to inspect the two intersections and pull accident stats. Vice President Keating made the motion to table this request until the next meeting to give the Traffic Division has time to inspect the two intersections and pull accident stats. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. APPROVAL OF QUOTE-Jeff Wright, City Engineer, is requesting approval of the quote from HP Construction Services, Inc. to replace a damaged column on the Light House Pier, in sum of $15,900.00 Ed Shinn, Michigan City Park and Recreation Superintendent, is representing City Engineer Jeff Wright, to proceed with structural repair on the catwalk. This omnibus access to the navigational pierhead is comprised by steel columns supporting an elevated walkway and is a national treasure. It has been revitalized by the national Save the Catwalk foundation and is in satisfactory condition considering its age. However, there is one support column that has failed from the stress and strain of its gale force environment. Members Andrew Matanic and Terry Borlof noticed the damage and Mr. Wright would like to thank them. Also Mr. Wright and Mayor Parry researched more cost-effective ways to save the catwalk. President Harris asked Corporate Counsel Amber Lapaich if she had had a chance to review these quotes; Ms. Lapaich stated that Mr. Wright secured three (3) quotes pursuant to the purchasing Regular Meeting – October 5, 2020 Page 3 policy because the estimated cost of construction was under $50,000. HP Construction Services, Inc. was the lowest most responsive bidder in the amount of $15,900.00 they have submitted their insurance and the signed proposed agreement, and everything is in order. Mayor Parry made the motion to approve the quote from HP Construction Services, Inc. to replace a damaged column on the Light House Pier, in the sum of $15,900.00. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. DEMOLITION REQUEST-702 S. Ashland Avenue, Owners: Terry L. Logmann Sr., and Richard Gersch & Terrance L. Logmann Jr. Sue Downs, Building Commissioner is requesting to solicit bids and approval of the bid packet Note: the affirming to demolish was recorded on September 18, 2019 Sue Downs, Code Enforcement, the demolition for this project was approved a little over a year ago and are good for two (2) years and the funding for this project is secured through the CDBG and Redevelopment Committee. The demolition was approved by the previous Board. President Harris asked if there was a reason the project was not acted on when it was approved. Ms. Downs stated that the funds were not available at the time. Amber Lapaich, Corporate Counsel, stated that Ms. Downs was correct that they are within the two (2) years and that bids are to be submitted to the Clerks Office on or before November 2, 2020 and will be opened at the Board of Public Works and Safety on November 2, 2020 at 8:30 a.m. Mayor Parry made the motion to approve solicitation of bids and approval of the bid packet. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. DEMOLITION REQUEST-235 F. Street, Owner Jamaal Taylor Sue Downs, Building Commissioner is requesting to solicit bids and approval of the bid packet Note: the order to demolish was recorded on June 13, 2019 Sue Downs, Code Enforcement, stated that this house has done nothing but deteriorate over the year since the demolish was recorded by the previous Board. Mayor Parry made the motion to approve solicitation of the bids and approval of the bid packet. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. DEDICATION APPROVAL-Skyler York, Planning Director, is requesting dedication of a right of way of Woodland Avenue Estates LLC. (secondary plat) located in the Woodland Avenue Estates Subdivision Sue Downs-Code Enforcement representing Skyler York, Planning Department, Wally Pritz has purchased all of the wooded property on Woodland Avenue and negotiated a right of way along side Woodland Avenue. Amber Lapaich, Corporate Counsel, stated that the Board would be accepting this dedication as the right of way formally and it would be recorded and have the ability to construct the roadway in the near future; this would be the deed of dedication where the city would accept it formally. President Harris asked if there were any comments or question from the Board. Mayor Parry stated that this is a project that has been in the works for a while; but it has been difficult to get it to the stage where it would be approved. The dedication of the right of way is important to Michigan City because it is widening Woodland Avenue along the strip where there will be eight (8) duplexes. There is a sewer line run that will be in the easement that was never dedicated; so, it is important for this to be approved so that the City can own the land that the City sewer runs on. Mayor Parry made the motion to approve the request to dedicate the right of way of Woodland Avenue Estates LLC (secondary plat) located in the Woodland Avenue Estates Subdivision. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. PHYSICAL FITNESS TESTING-The Michigan City Fire Department will be conducting their semi- annual fall physical fitness testing on Tuesday’s Wednesday’s and Thursday’s beginning October 6, 2020 thru October 29, 2020 from 8:00 a.m. – 4:00 p.m. (Note: for informational purposes only) PHYSICAL FITNESS TESTING-The Michigan City Police Department will be conducting their semi- annual Fall physical fitness testing at the Michigan City Police Department on Tuesday’s and Thursday’s beginning on Thursday October 1, 2020 thru October 29, 2020 from 10:00 a.m. – 2:30 p.m. (Note: for informational purposes only) Regular Meeting – October 5, 2020 Page 4 CLAIMS AND PAYROLL 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: CLAIMS DOCKET Municipal Claims $523,507.13 CDBG $43.95 Health & Life $262,209.01 Zoo Casino $159.99 Total Claims $785,920.08 Vice President Keating made the motion to approve the claims docket for the amount stated above. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. PAYROLL DOCKET September 25, 2020 City Payroll Total: $568,170.81 October 1, 2020 City Pension Total: $221,012.53 Vice President Keating made the motion to approve the Payroll Claims for September 25, 2020 as presented. The motion was seconded by Mayor Parry. Mayor Parry made the motion to approve the City Pension total from October 1, 2020. Vice President Keating seconded the motion and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. UNFINISHED BUSINESS President Harris stated the first item on the Pending Items List is a request from James Taylor requesting roadway access on Huron Avenue and would also like a streetlight installed President Harris stated that this request was tabled at the last meeting due to City Planner Skyler York wanting advice from City Engineer, Jeff Wright, Water Department and the Sanitation Department to come up with a plan for temporary access. President Harris continued that he doesn’t believe anything has been provided at this point and suggested to keep this item on the pending items/unfinished business list until the next meeting on October 19, 2020. President Harris stated the next item on the Pending Items List is a request from Asst. Chief David Cooney to destroy City Owned Property; AXON Cameras, charging base and power supplies; these items cannot be sold, reused or returned President Harris stated that Mayor Parry wanted this item tabled until this meeting to give Asst. Chief Cooney time to do research on the cameras and figure out what will work best for the city. President Harris continued that he had a discussion with I.T. Director Andy Matanic and determined the cost of the cameras is negligible; the cost comes into the licensing and the storage of the video. I.T.’s suggestion is to buy new cameras. Even if the old cameras were kept and used the cost is still coming from the licensing and storage. Mayor Parry stated that he trusted Asst. Chief Cooney’s knowledge in this issue; all he is looking for is one or two cameras for the remainder of the administration to use if they are put in a situation where they needed to record an encounter. President Harris stated that anything new purchased or any new licensing the most adventitious way is to go through the police department because they already have the account. Then they would have to do an exchange of funds between the City and the Police Department. President Harris abstained from this vote due to him being employed through the I.T. Department. President Harris advised to make a motion to destroy the old AXON Cameras, charging bases and power supplies; and then working out the details of getting the new cameras along with the licensing and storage that the city would need. Mayor Parry made the motion to approve Asst. Chief Cooney’s request to destroy the AXON Camera’s, charging base and power supplies and move forward with the purchasing of the new AXON cameras. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Keating and Parry (2). NAYS: (0). ABSTAINED: Harris (1). Motion Carries. Vice President Keating made the motion to remove this request from the pending items list/unfinished business list. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Regular Meeting – October 5, 2020 Page 5 President Harris stated the next item on the Pending Items List is a request from Kenneth Purze, PO BOX 2 and the purchase of City Property, Parcel #4601284820020000 President Harris stated that this item is in regard to the appraisal done on the property located at 131 Edwards Street and that it was completed. Corporate Counsel, Amber Lapaich stated at the last Board of Public Works and Safety meeting the Board ordered an appraisal and came back at a value of $9,300. If the Board is still interested in putting this parcel up for sale the Board needs to set the offering price and by statue the offering price should be the appraised value, cost of the appraisal, any advertising and cost of recording fees. In the past its been estimated at $100; when that is all added together the total cost would be $9.725. In addition to setting that offering price the Board also needs to make specific findings under the statue; that the highest and best use of the tract is a sale to the abutting land owners; the cost of maintaining the public property equals or exceeds the fair market value; and it would not be economically justifiable for the Board not to proceed under section four (4) of this chapter that the Board is proceeding under. Chapter four (4) would require for the Board to have two appraisals and could not sell below the second appraisal. Ms. Lapaich explains the section of the chapter of the Indiana code does is allows the Board to set the offering price so that any member of the public can come in and bid on the property. If they bid at or excess the statue says that the Board shall award to that person. However, if the Board does not receive any offers other than an abutting landowner then there is flexibility to negotiate with the landowner if it comes in under that offering price. President Harris asked Ms. Lapaich how long this bid needs to stay open; Ms. Lapaich stated that it needs to be sent out and have ads placed in the newspaper twice, and then the bids will be opened at the first meeting in November which would be on Monday, November 2, 2020; and if anyone wanting to make an offer they need to make it in within ten (10) days after the second publication. President Harris asked Ms. Lapaich what the exact order of the process is. Ms. Lapaich stated that the first thing the Board has to do is set the offering price; and then make specific findings that it would be in the best interest to sell this property to an abutting landowner and that it would not be economically justifiable for the Board to proceed with code previsions which would require the two appraisals and not having the flexibility to take anything less than the second (lowest) appraisal. Vice President Keating made the motion to set the asking price at the appraised cost plus cost in the sum of $9,725.00. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. President Harris asked Mr. Kenneth Purze if he had any questions, Mr. Purze stated that he did not. That Corporate Counsel, Amber Lapaich addressed the process and questions that he had and he can review the statue himself and understands the process. Ms. Lapaich stated that her office will send out certified letters to all abutting landowners. Vice President Keating made a motion of the findings of the Board that the sale of this property is the highest and best use to sell to the abutting landowner and taking into consideration the cost to the city to maintain this property; also including that it is not economically feasible for the Board to proceed under chapter four (4) of the statue. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Mayor Parry made the motion to approve the bid form. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Vice President Keating made the motion to remove this item from the pending items/unfinished business list. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. President Harris stated the next item on the Pending Items List is a request from Bonita Schaaf, Michigan City Mainstreet Assoc. approval to place artwork at Charles Westscott Park-MCMA applied for “Preserving Women’s Legacy Grant” from Indiana Humanities & Office of Community and Rural Affairs President Harris stated that they are still waiting on approval for the design of the sculpture and approval of placement. Corporate Counsel, Amber Lapaich, stated that she had sent an email to Shannon Eason who is the liaison for this Board and has not heard back; she will follow up with her to get a response back. President Harris stated this item will stay on the pending items/unfinished business list until the October 19, 2020 meeting. President Harris stated the next item on the Pending Items List is a request from Cora Cambridge, 220 Gladys Street, is requesting NIPSCO to switch the pole around in front of 227 for the light to hang over the street and not on the private property President Harris stated that he emailed City Engineer, Jeff Wright last week to see if he had heard anything from NIPSCO and did not receive a response. This item will stay on the pending items/unfinished business list until the next meeting on October 19, 2020. Vice President Keating made the motion to remove this item from the pending items/unfinished business list due to the job being complete. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Regular Meeting – October 5, 2020 Page 6 President Harris stated the next item on the Pending Items List is a request from Pamela Utterback, representing the Shoreland Hills Property Owners Association, 203 Maplewood Trail, is requesting paving in the Shoreland Hills Subdivision President Harris stated that this item will stay on the pending items list/unfinished business list until the next meeting on October 19, 2020. President Harris stated the next item on the Pending Items List is a request from John Chalikian, 609 Franklin Street-No access to property-and drainage issues President Harris stated that this item will stay on the pending items list/unfinished business list until the next meeting on October 19, 2020. President Harris stated the next item on the Pending Items list is an order to demolish – 710 W. 10th Street-Owner-Aleksandar Ristevski; Jason and Jane Straton President Harris stated that this item will stay on the pending items list/unfinished business list until the next meeting on October 19, 2020. PUBLIC COMMENTS President Harris asked if there were any Public comments Hearing none, President Harris moved on to the Board Comments BOARD COMMENTS President Harris asked if there were any Board comments. Hearing no Board comments President Harris moved to adjournment. ADJOURNMENT President Harris asked for an adjournment, and the meeting was ADJOURNED (approximately 9:21 a.m.). Vice President Keating made the motion to adjourn. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk