Board of Public Works & Safety

REGULAR MEETING – October 19, 2020 The Board of Public Works, and Safety of the City of Michigan City, Indiana met in regular session on Monday morning, October 19, 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 Skyler York-Planning Director Andy Matanic-IT Director Terry Borolov-IT Chris Yagelski-Mayors Administrator Shong Smith-Central Services Chief Craig Krivak-Michigan City Fire Department Johnny Stimley-Event Coordinator Mike Kuss-GM Sanitary District Cpt. Jeff Loniewski-Traffic Division Dawn Debald-Deputy 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 October 5, 2020. Mayor Parry made the motion to approve the minutes from the Regular Meeting of October 5, 2020. 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-Johnny Stimley, Event Coordinator is requesting the closure of Franklin Street from 11th Street to 4th Street for the Snowflake Parade on December 5, 2020, starting at 4:00 p.m.; the lineup will be on the east and west sides of 10th Street Johnny Stimley stated that he was asking the Board for approval of this parade that is run with the Michigan City Fire Department on December 5, 2020 and for the closure of the street. President Harris asked the Board if they had any questions for Mr. Stimley and the Board replied that they did not. President Harris asked if there were any comments from the public and there were none. Mayor Parry made the motion to approve the street closure request for the Snowflake Parade to be held on December 5th, 2020. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. APPROVAL OF FENCING-Myra Remmel, 139 Boyd Circle, is requesting approval to place split rail fencing in the cul-de-sac in Edgewood to protect the evergreen trees that the city provided and planted for the neighborhood; the fencing and any damage done to it will be paid at the neighborhoods expense Myra Remmel stated she, and her husband have lived in their house for 43 years; and that when the snow piles up and the snow plows come in the cul-de-sac that the plows start plowing the snow and shove it into the open space. Once the branches of the evergreen trees start breaking off, they do not come back. The neighbors are requesting approval to put up a split rail fence like the split rail fence at the entrance of the the cul- de-sac; the neighbors will pay for the fencing. Ms. Remmel continued that the city does not mow the cul-de-sac, the neighbors mow and take care of the area; all they want is to be able to protect the trees. With the property being owned by the City; the neighbors are looking to get permission to be able to put up the fence in order to protect the trees. Ms. Remmel states that if someone were to come in and hit the fence and cause damage to the fence then the neighbors would be the ones who pay for the damages to the fence and not the City; stating it would not cost the City any money. Regular Meeting – October 19, 2020 Page 2 President Harris asked if there were any questions from the Board. Mayor Parry stated that he would like the input from Shong Smith, Street Department Director. Mayor Parry stated that they have talked about this issue at length. Shong Smith, Street Department Director, stated that he had spoke with Ms. Remmel on the phone. Mr. Smith continued with asking who would assume liability for traffic hitting the fence; there’s no guarantee that during the snow fall that the Street Department can get a snowplow or equipment in the cul-de-sac to get the snow and ice removed. He understands that the neighborhood will assume responsibility for damages to the fence, but who would assume responsibility for any accidents/vehicle damage sliding into the split rail fence. Mr. Smith suggested that the neighborhood get snow markers; put them around the perimeter of the trees and that would indicate to the plow drivers not to push snow onto the easement; also with the split rail fence when they push snow it will build a wall and eventually the snow is going to cascade down and create an obstruction preventing the flow of traffic; potentially going through the cul-de-sac. Ms. Remmel stated that there is not much traffic that drives thru the cul-de-sac other than the neighbors who live in the cul-de-sac. Ms. Remmel stated that the snow markers sound like a good idea; the neighborhood was just trying to come up with a solution to protect the trees; whatever the City decides to do the neighborhood will go along with it, they just were trying to come up with an idea that goes along with the theme that they already have going into the cul-de-sac with the split rail fences. Chris Walker, 133 Boyd Circle, stated that they moved into the cul-de-sac two years ago and that he used stakes last year and put three (3) of them in the grass area and they were mowed down by the snowplows. The place that the neighborhood wants to put the fence is about three (3) to four (4) feet away from the paving of the cul-de-sac; and believes that no vehicles would be damaging that area. The only trucks that come into the cul-de-sac are the garbage truck, lawn truck, and the snowplows through out the whole year. Mr. Walker stated that the stakes that Mr. Smith suggested to put out get ignored by the snowplows and they just want to be able to put something in to protect the area. Skyler York, Planning Director, stated that this area is in the Board of Public Works and Safety right-of-way. Mr. York suggested that there should be some type of memorialization; these are usually done during the time of subdivisions are approved; for example, you memorialize a fence that belongs to the association or of that nature. Mr. York understands that they want to maintain the area and take responsibility; but 10-15 years from now it gets mowed down by someone backing out of their driveway and then the neighborhood comes back to the City and wants the City to put the fence back up because they don’t remember that there was a memorialization and the neighborhood installed the fence, that it happens often. President Harris stated that the Board would like to have input from the legal counsel on this matter due to someone private wanting to put something up on City owned property. Amber Lapaich, Corporate Counsel stated that this is City’s right-of-way and that the Board can give permission to put something up on the right-of-way; you can also memorialize it. But the issue with memorializing it, the ownership can change in the future; technically because the Board does not have a subdivision with a developer that they are making an agreement with, it’s up to the Boards discretion. The Board could put something in writing, but there is nothing to say that in 10-15 years that ownership of the property might change and there’s a contract with certain owners at this time. Mayor Parry stated that he understands the interest of the local residents and the neighborhood is very pretty; considering that we do not get snow for another thirty (30) days; he would like to make a motion to table this decision so that there can be a meeting at the location with various City Departments to come up with a solution to put something there that will not detract from the appearance of the neighborhood and move forward. Mayor Parry made the motion to table the request for approval to place split rail fencing in the cul-de-sac in Edgewood to protect the evergreen trees until the November 2, 2020 Board of Public Works and Safety meeting. The motion was seconded by Vice President Keating and continues as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. REQUEST FOR STREET CLOSURE-Keith Stevens, Indiana Earth Inc. is requesting approval to close the westbound lane and street parking for utility hookups on 4th Street for the LaPorte County Courthouse construction project; starting October 20, 2020 thru October 28, 2020 James Gable, Indiana Earth, Inc. stated that he did not have anything to add to this request. President Harris commented that Amber Lapaich, Corporate Counsel had been contacted about this closure. Ms. Lapaich stated that she was but that she reached out to Robin Tillman directly due to the City buses parking there and Ms. Lapaich wasn’t sure if that would disrupt any of the services. Regular Meeting – October 19, 2020 Page 3 Robin Tillman, Michigan City Transit Director, stated that 4th Street is a major connection point for the transit system and that she spoke with Cpt. Loniewski about moving the bus stop temporarily between 5th and 6th Street on Pine Street; they have to have space to line up all units in order to do a transfer for the units. Cpt. Loniewski told Ms. Tillman that he would put up temporary no parking signs to allow the buses to achieve that and to put out a Press Release due to this starting tomorrow, October 20, 2020. President Harris asked if there were any questions from the Board. Mayor Parry stated that he was having a hard time envisioning how far along 4th Street that they want to close. Ms. Tillman stated that it is starting at the corner of 4th and Pine and down to Washington. The work is between the Library area and the Courthouse; the buses would not be able to pass through. Mayor Parry made the motion to approve the closure of the westbound lane and street parking for utility hookups on 4th Street for the LaPorte County Courthouse construction project starting on October 20, 2020 thru October 28, 2020. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. AGREEMENT FOR PROFESSIONAL SERVICES-An agreement between the City of Michigan City Board of Public Works and Safety and Arnett Construction to provide certain repairs to the roof of the Michigan City Fire Department, Station One (1) located at 1012 Ohio Street; in the sum of $38,100.00 plus the cost to replace any deck boards Chief Krivak stated that he does not have anything else to add at this time. Amber Lapaich, Corporate Counsel, reviewed this agreement and stated that Chief Krivak went out and solicited three (3) quotes. Arnett Construction is the lowest and most responsive bid in the amount of $38,100.00 for repairs to the Michigan City Station One (1) roof; Ms. Lapaich reviewed the contract and the insurance, and everything is in order and there is funding for this project as well. President Harris asked if there were any questions or comments from the Board. Mayor Parry asked if the roof was built up on wood decking or corrugated metal decking; he assumed it would be built on something a little more durable. Chief Krivak stated that the current roof has the OSB underlayment underneath and everything would have to be replaced. He also stated that there is a water issue at station one (1) and there will be some OSB plywood decking that will need to be replaced; until they get the roof torn off, they are not sure how much needs to be replaced. Mayor Parry asked for the timeframe of this project to be done. Ms. Lapaich stated that the timeframe of completion was put into the contract. The project will begin within two weeks upon execution of the document and once started it will be completed in one (1) week. Vice President Keating made the motion to approve the agreement between the City of Michigan City Board of Public Works and Safety and Arnett Construction to provide certain repairs to the roof of the Michigan City Fire Department Station One located at 1012 Ohio Street; in the sum of $38,100.00 plus the cost to replace deck boards; project to begin within two weeks upon execution of the document and once started will be completed in one (1) week. The motion was seconded by Vice Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. REQUEST FOR SIGNAGE-Michael and Rineda Samuels, 215 South Woodland Avenue is requesting a “deaf child in area” sign for their son’s safety; asking for it to be placed at the south and northbound traffic lanes at their residence Councilman Don Przybylinski, 215 Gardena Street, representing the Samuels family to discuss with the Board the request for a “deaf child in area” sign at their residence. Mr. Przybylinski stated that he was contacted two (2) weeks ago by Susan Baldwin who is a teacher of the deaf and hard of hearing for Michigan City Area Schools; she is also the director of the First Step parent advisory from the center for Deaf and hard of hearing of Northwest Indiana out of Indianapolis. Ms. Baldwin requested and told Mr. Przybylinski the story of the little boy whose parents are requesting the sign in front of their residents. The son was fitted with hearing aids/hearing device but when he does not have the hearing device on, he cannot hear anything. Mr. & Mrs. Samuels fear is, if he goes outside and steps out into traffic, they want it known that there is a child in the area with this condition. President Harris stated that he would like the input from Cpt. Loniewski, Traffic Division. Cpt. Loniewski stated that it has been the past practice of the Board to deny a request because of the manual on uniform traffic control device, which guides the sign placement within the municipality; and it did not recognize that specific sign. However, it has come to his attention that the City Council has discussed creating an ordinance that would Regular Meeting – October 19, 2020 Page 4 allow for the process to have people come before the Board of Public Works and Safety to apply for such signs. Amber Lapaich, Corporate Counsel, stated that the City Council passed the ordinance and there is a specific application that goes with the sign request. The parents will need to fill out the application to have on record; it has an ongoing duty for them to report back to the city on an annual basis that they still live there so that the sign should still be installed. Cpt. Loniewski recommends approval once the correct forms are filled out. Mayor Parry made the motion to approve the request for Michael and Rineda Samuels to place a “deaf child in area” sign under the specifications they fill out the required forms and turn them in. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. 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 $1,050,320.08 CDBG $1,990.35 Health & Life $321,266.28 Workers Comp $43,053.10 Zoo Casino $494.66 Total Claims $1,417,124.47 Mayor Parry made the motion to approve the claims docket for the amount stated above. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. PAYROLL DOCKET October 9, 2020 City Payroll Total: $558,836.18 Vice President Keating made the motion to approve the Payroll Claims for October 9, 2020 as presented. The motion was seconded by Mayor Parry 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 Kevin Dywan, NICTD requesting road closure as they will be replacing tracks and railroad ties at the intersection of 11th Street and Michigan Blvd President Harris stated that this request was tabled at the last meeting due to a homeowner concerned about sanitation issues. President Harris asked Michael Kuss, GM of Sanitation District to address this concern. Mr. Kuss stated that there were private issues brought up by Kenneth Purze with the Sanitation Department. Mr. Purze was/is having issues with the private sewer lateral; Mr. Purze brought it up to the Sanitary Department in May of 2018 (Mr. Kuss passed out letters between the Sanitary Department and Kenneth Purze). Mr. Purze called their office to complain about a private sewer lateral at the house that he owns; the lateral comes from his house and crosses under 11th Street all the way to Michigan Blvd and ties into the sewer main near the corner of 11th and Michigan Blvd. Mr. Kuss continued that they told Mr. Purze that it was a private issue and Mr. Purze did not like the answer he was given. Mr. Kuss told Mr. Purze that he would look into the issue and he did and got back to Mr. Purze and told him that it was a private issue and Mr. Purze still was not happy with the answer. Mr. Kuss and Mr. Purze met on June 4th, 2020 and Mr. Purze brought his contractors in and they all had a long meeting and talked about everything and got meeting minutes that are attached to the letters he passed out; after reviewing everything it still came out as a private matter and explained it to him. Mr. Kuss had sent an email to attorney James Meyer and Virginia Hoffman who is a technical specialist with Travelers Insurance; Mr. Kuss believes that Mr. Purze filed a tort claim against the district and they turned it over to the insurance company. Ms. Hoffman wanted to know if there were any historical maintenance records and Mr. Kuss stated that there were no records in that area; also noted there is no root problem at that sanitary sewer so there are no issues with cleaning roots. The sewer is 20 years old; and there were no sewers that originated close to Mr. Regular Meeting – October 19, 2020 Page 5 Purze’s property that he own’s and he stated there was not. In an effort to settle the tort claim or make a compromise; he explained to Mr. Purze that it is a private matter; the district has a policy where they pay one half of the cost of the repair for any part of the work that happens in the public right of way. The Sanitary District sent out quotes to four contractors and only received one quote for $26,845.00 from Woodruff and Sons; he told Mr. Purze that the Sanitary District would pay for half; but Mr. Purze did not want to pay for half. Another idea that Mr. Kuss had was putting in a force main and having the I.T. Department do some of the work because they have the equipment. The IT Department provided an estimate of $4,588.34. The cost of the work in the public right-of-way is $3,074.25. The cost of the work on private property is $1,514.09. The Sanitary District will be responsible for $1,523.63 of the cost (1/2 of the amount in the public right-of-way). Ken Purze will be responsible for $3,064.71 (the difference between the total cost of $4,599.34 and the $1,523.63 to be paid by the district). Mr. Purze has not been responsive since Mr. Kuss gave him that option. President Harris stated that what Mr. Purze is looking to have done is having his lateral issue taken care of while the street is dug up doing the crossing repair; but it doesn’t fall into the purview. Mr. Purze’s issue is outside of the scope of what NICTD is doing. Mayor Parry made the motion to approve NICTD’s request for their road closure as they will be replacing tracks and railroad ties at the intersection of 11th Street and Michigan Boulevard. 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 request off 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 Doug Kring requesting to have a stop sign installed at either Cleveland Avenue & Elmer or Cleveland Avenue and Cole Court Captain Jeff Loniewski, M.C.P.D Traffic Division, stated that he had a chance to look at the accident stats for the entire stretch of Cleveland between Coolspring and Gardena Avenue. Captain Loniewski said there has not been any accidents in the five (5) years that he pulled up. He also went out to the scene of both intersections and studied both intersections and did not see any obstructions that would make it dangerous to leave the roadway as is. Cpt. Loniewski stated that it is fairly easy to pull out from both of those intersections when you are trying to pull out onto Cleveland Avenue; therefore in the absence of any accident history or any sight obstructions he recommends denial of this request. Mayor Parry asked Cpt. Loniewski when he does a traffic study if he also finds the number of speeding violations that were issued on the street in question. Cpt. Loniewski stated that he did not; and that he normally does not. In the past practice and the established practice the municipal engineers do not use stop signs to control speed. Doug Kring, 2937 Cleveland Avenue, petitioner, asked what was being done with his request as it was hard to hear what Cpt. Loniewski stated. President Harris stated that the past practice was not to use stop signs to slow traffic down; and Cpt. Loniewski’s traffic study indicated that it doesn’t really justify adding stop signs in the area. Mayor Parry made the motion to deny Mr. Krings request to have a stop sign installed at either Cleveland Avenue and Elmer or Cleveland Avenue and Cole Court. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Mayor Parry made the motion to remove this request from the pending items/unfinished business list. The motion was seconded by Vice President Keating 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 James Taylor, requesting roadway access on Huron Avenue and would also like a streetlight installed Skyler York, Planning Director, stated that City Engineer Jeff Wright sent a letter stating that He would allow a drive to be put in; and that Mr. and Mrs. Taylor would need to talk to Mr. Wright to design the drive; and if there is money available, they would be able to pave it at some point. Mr. York continued that the streetlight issue has not been addressed at this time and that Mr. Wright has not had a chance to review this yet. They don’t want to put a light in the middle of the right-of-way and put it at the edge of the right-of-way so that it does not have to be moved at a later time. President Harris stated that he suggests that this item is left on the pending items/unfinished business list until the next meeting on Monday, November 2, 2020. Regular Meeting – October 19, 2020 Page 6 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 asked Amber Lapaich, Corporate Counsel if she had any contact with Shannon Eason, Assistant Park Superintendent, who is the liaison for the Michigan City Art Commission and Ms. Eason recommended that the Board remove this item from the pending items list; and once Ms. Eason has the appropriate information, she will put this request back on the agenda. Vice President Keating made the motion to remove this request off of 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 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 Jeff Wright, City Engineer sent a copy of an email that he received from NIPSCO and there is no fee to install a pole and a light; but there is an ongoing 6% surcharge that over time pays for the installation. NIPSCO is willing to put a light up on the property line. The 6% would be added to the City’s bill. Mayor Parry made the motion to table this request until the next meeting on Monday, November 2, 2020; there have been many issues raised about some of the activity on Gladys Street. Mayor Parry would like a chance to speak to Chief Dion Campbell, Michigan City Police Department about his concerns. The motion was seconded by Vice President Keating 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 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 be continued to be tabled due to not being able to do any work in Shoreland Hills until they can find the money to do so. This item will continue to be readdressed at each meeting. 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 Monday, November 2, 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 Monday, November 2, 2020. PUBLIC COMMENTS President Harris asked if there were any Public comments Paul Przybylinski, 1716 Washington Street, stated that he had talked to Jeff Wright, City Engineer, several months ago about all the telephone poles being cut down and left in the right-of-ways from the replacement of NIPSCO poles. Mr. Przybylinski stated he was hoping that something would get done because he has gotten complaints about it; it is also unsightly, and believes they are not being moved presuming Comcast has their cables still on it. Mr. Przybylinski is asking the Board of Public Works and Safety to write Comcast a letter telling them that they need to do something about it. Mr. Przybylinski continued with some of the poles are close to the curb line and corners. Mr. Przybylinski believes that the new poles that were put in were set back further for radius turning and a safety factor when turning into some corner ways; but there are a lot of these poles and it has been ongoing for years. Mr. Przybylinski would like the Board to send Comcast a letter asking them if they have a schedule of when they are going to start cleaning these up. BOARD COMMENTS President Harris asked if there were any Board comments. Hearing no Board comments President Harris moved to adjournment. Regular Meeting – October 19, 2020 Page 7 ADJOURNMENT President Harris asked for an adjournment, and the meeting was ADJOURNED (approximately 9:27 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