Board of Public Works & Safety

REGULAR MEETING – May 19, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, May 19, 2014 at the hour of 9:00 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 Vice-President Sharon Carnes, who presided. Noted present: Sharon Carnes and Michael Palmer (2). Absent: Steve Janus (1). A QUORUM WAS NOTED PRESENT. Also noted in attendance: John Espar, Corporate Counsel Donna Pappas, City Controller Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Sgt. Ken Havlin, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Chief Mark Swistek, M.C. Police Department Bob Zondor, Superintendent Central Services David Farmer, Director Street Department Craig Phillips, City Planner Ben Neitzel, Superintendent Central Maintenance Jeff Deuitch, Human Rights Director Michael Kuss, General Manager Sanitary District Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES Vice-President Carnes asked if there were any corrections to the minutes of the Regular meeting of May 5, 2014. Michael Palmer made the motion to approve the minutes from the regular meeting of May 5, 2014. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. AWARDING OF BID – Sale of Cleveland Avenue property Corporate Counsel John Espar addressed the Board stating there was only one (1) bid received from Thomas Crane, MT Lott LLC, Michigan City Chrysler Dodge Jeep Ram, 700 E. US Hwy 20, Michigan City IN in the amount of $27,600.00 for the subject property; the minimum bid was for $24,600.00. Counsel Espar stated therefore subject to the negotiation of appropriate terms for the transfer of the property he sees no reason not to presumably award the bid to Mr. Crane on behalf of MT Lott LLC; there are easements that have to be Regular Meeting – May 19, 2014 Page 2 perfected and will be a part of the transaction and those will be the subject of a real estate contract that he will draft and negotiate with Mr. Crane. Counsel Espar explained for the Board’s action this morning he would request a motion to authorize Counsel to draft a contract for the sale of the property to Mr. Crane for the bid amount of $27,600.00 subject to appropriate terms for the easements that exist and attached to this property. Michael Palmer made the motion to authorize Counsel to draft the contract to Mr. Tom Crane of MT Lott LLC subject to the perfected easements of the real estate contract. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. REQUEST TO USE CITY SIDEWALK – Larry Swiger, Lincoln Funeral Train Committee requests permission to set up informational table at 7th & Franklin Streets The following correspondence was received in the City Clerk’s Office on May 14, 2014 from Larry Swiger, Lincoln Funeral Train Committee: Type of Request: Request permission to set up an information table at 7 th and Franklin Streets During First Fridays Events. Date of Request: First Fridays of every month thru October 2014 from 5:00 to 8:00 p.m. Larry Swiger, Lincoln Funeral Train Committee addressed the Board regarding the request; asking for approval. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Swiger regarding the request, location of the table, staffing and the lease agreement that is being negotiated between the City of Michigan City and First Methodist Church. Corporate Counsel Espar advised the Board that he would need some time to review the ordinance pertaining to the distribution of handbills/flyers so he can properly counsel the Board on this request. Counsel Espar asked the Board to hold this item over until the next meeting. Vice-President Carnes stated the item will be held over until the next meeting. REQUEST FOR ROAD CLOSURE – Citizens Concerned for the Homeless request the closure of 8th Street from Kennedy Court to 938 W. 8th Street on Saturday, June 21, 2014 from 10:00 a.m. to 2:00 p.m. The following correspondence was received in the City Clerk’s Office on May 14, 2014 from Lillian Sherrod-Young, Fundraising Chairperson, Citizens Concerned for the Homeless, Inc.: Type of Request: street closing for summer celebration to increase the awareness of homeless. Citizens Concerned for the Homeless, an Organizational Board that is working to assist homeless families who are residents of Sand Castle Shelter for Homeless Families is having an event which will be a Summer Celebration with games food and entertainment to increase awareness of homelessness and to raise funds for the many needs associated with homelessness. This event is a community-wide affair (open to the public) and will be held on the City’s Westside on Saturday June 21, 2014 from 10:00 a.m. – 2:00 p.m. We are requesting that part of the street be officially closed (in front of the Shelter whose address is 1005 W. 8th Street) from Kennedy Ct. to the end of the lot of Revival Center Church whose address is 938 W. 8th Street, which is about a half block. Regular Meeting – May 19, 2014 Page 3 We hope that you will give our request your deep consideration and grant us to have this event in this location. If you need more information, please feel free to contact Sand Castle Shelter (Jim Musial) at (219) 879-2552, Grace Learning Center (Kristen Patterson) at (219) 879-6788, or myself, (Lillian Sherrod-Young) at (219) 229-4444. Again, thank you for your consideration. Kristen Patterson, Representative for Citizens Concerned for the Homeless addressed the Board regarding the request; asking for approval. Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board stating they have no objections to closing the street off for the event. Michael Palmer made the motion to approve the closing of 8th Street for the Citizens Concerned for the Homeless on Saturday, June 21, 2014 from 10:00 a.m. to 2:00 p.m. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. CORRESPONDENCE – Received in the City Clerk’s Office on May 12, 2014 from Michael Palmer The following correspondence was received in the City Clerk’s Office on May 12, 2014 from Michael Palmer: I am requesting a workshop be held as soon as scheduling permits to review the Itinerant Vendor Licensing, Handbill Ordinances as well as Door to Door Soliciting. The workshop should include the Mayor, City Council Liaison for Licensing, City Clerk, City Attorney, Corporation Attorney, City Controller, BOW Members, City Planner, Code Enforcement, MCPD and any other department this may affect. Furthermore, I respectfully request that a moratorium be considered on issuing any new licenses and/or permits until the above ordinances are reviewed, modified and approved. Michael Palmer addressed the Board regarding the correspondence; expressing his concerns; and asking for a moratorium until the issues has been cleared up. Discussion ensued between the Board and Corporate Counsel John Espar regarding a moratorium on this Ordinance. Corporate Counsel Espar explained to the extent that there is an Ordinance that authorizes Itinerant Vendor Licenses and Transient Merchant Licenses and the distribution of Handbills the Board will have to struggle within the language of the Ordinances to try and discern its meaning and give effect to that which has been authorized. Counsel Espar stated he doesn’t think this Board has the authority to establish a moratorium to effectively withhold the application of a “statute or ordinance” in this case that has been passed and presumptively/presumably authorizes these licenses. Counsel Espar advised that unfortunately the Board will have to struggle with the Ordinance to try and in some consistent fashion give effect to that which is authorized by the Ordinance, but cannot does not believe the Board can simply place a moratorium upon it; stating he doesn’t see the legal authority for doing that in the absence of some greater Constitutional impairment that the statute may implicate. Further discussion ensued between the Board and Corporate Counsel Espar regarding a Workshop to get clarification of the Ordinance. Craig Phillips, City Planner addressed the Board regarding the issue of Food Trucks and Mobile Vendors stating he and Skyler York of the Planning Office have been working on Regular Meeting – May 19, 2014 Page 4 researching what other cities do with regards to this issue. Mr. Phillips explained there are 2 different facets to this – 1) is those where these type of Itinerate Merchants or Mobile Vendors are part of a festival or event that is requested under the auspicious of a certain organization like the Mainstreet Association or the Uptown Arts District and the other is a City wide policy for generally the mobile merchant or itinerant vendor that wants to set up shop somewhere in the City. Mr. Phillips suggested putting together a small committee to work on this. Mr. Phillips informed the Board that he is trying to get an information packet on the subject from the American Planning Association. Vice-President Carnes directed the City Clerk to send out notification to the Board of Public Works and Safety members as well as those mentioned in Mr. Palmer’s correspondence to set a workshop on this matter as soon as possible. Russ Hatfield, Code Enforcement Officer addressed the Board requesting the LaPorte County Health Department be invited to the workshop so they may have input on the matter. REQUEST FOR ITINERANT VENDOR/TRANSIENT MERCHANT LICENSE – Dot Kesling, Luxe Wagon is requesting a Transient Merchant License for 1st Friday Events The following correspondence was received in the City Clerk’s Office on May 12, 2014 from Dot Kesling, Luxe Wagon: Type of Request: Itinerant Vendor and Transient Merchant License for 1 st Friday events. Rolling Boutiques, similar to the food vendors are gaining speed across the country. In Jan. of 2011 there were 3 Fashion Trucks in operation in the U.S. Now there are over 350! Communities, towns and cities are embracing the concept, advancing their commerce profile, while at the same time offering the destination traveler/vacationer a vast variety of shopping opportunities and experiences. We (Dot and Paige) both have other jobs/commitments yet we wanted an outlet for creativity as well as filling a gap that we saw in the market. This drive resulted in the LUXE WAGON, Michiana’s 1st Fashion Mobile Merchant, which hit the road April 15. We focus on service, building relationships, while carrying homemade goods, regional artist wares and interesting products (majority made in the US) along with brands that are intentional on “giving back”. We focus heavily on Social Media driving the customer to our location, consequently, bringing the shopping opportunities into communities where we are parked. With almost 500 FB followers, members of the American Mobile Retail Association (American MRA) and now members of the Main Street Association we are committed in supporting our neighbors while ultimately creating a healthy viable marketplace; resulting in a win –win for all. Our cargo is small; therefore what we offer is very edited. The mobile boutique is no comparison to the specialty shops or the traditional department stores that have the sq. footage to offer a wide variety of styles, diverse product selections and sizes; it’s simply not apples to apples. Let’s face it when you need something you’re going to go to that brick and mortar and not out to find the truck. Despite the growth, many cities are still regulating the mobile concepts based on peddlers permit rules dating to the 1950’s. While we advance our schedule, educate the towns on the concept and apply for permits, our locations have been primarily on private properties located near main thoroughfares, festivals, some public streets and private/corporate events. We’ve had no time to look over our shoulder because we are focusing on how WE best can serve the consumer and better ourselves. The pop-up mentality is here to stay especially in a struggling economy. Just like the latest rage: E-Commerce, Consignment, Repurpose and Vintage shops; it’s just a NEW way of doing business. Thinking “out of the box” is essential in order to be successful in the 21st century. The Main Street and Arts District has worked tirelessly to restore the North End and it shows. The Luxe Wagon is looking forward in joining in your efforts to drive people into the community where they can enjoy and support the Arts, experience the Culinary and relish in the diversity of its Merchants. We thank you for this opportunity. Happy Trails, Dot Kesling & Paige Fessenden Regular Meeting – May 19, 2014 Page 5 Dot Kesling, Luxe Wagon addressed the Board regarding the request; giving the Board a brief background of her history with Michigan City; asking for a permit for a Transient Merchant License to participate in the Main Streets 1st Friday events beginning with June 6, 2014. Discussion ensued between the Board and Ms. Kesling regarding the location for her mobile merchant shop. Ms. Kesling stated she has spoken with Elle Salon, 113 W. 8th Street and they have given her permission to park in front of their shop. Vice-President Carnes stated this would still be parking on a city street and would therefore still need approval from the Board. Further discussion ensued between the Board, Corporate Counsel John Espar and Ms. Kesling regarding her “Certificate of Liability Insurance” that would be need to be on file. Corporate Counsel Espar clarified that the certificate would be for “general” liability not for “vehicle” liability. Additional discussion ensued between the Board, Corporate Counsel John Espar, Russ Hatfield Code Enforcement Officer and Ms. Kesling regarding where the mobile unit would park, how customers access the vehicle, inspection by the Fire Marshal and Building Inspector, the vehicle being powered by a generator, and a business located on Franklin Street with the name of Luxe Boutique. Craig Phillips, City Planner addressed the Board requesting that this be TABLED for the time being to allow the workshop to convene, so everyone is better educated on this matter before any decisions are made. Michael Palmer made the motion to TABLE this request until the matter is reviewed. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. SOLICITATION OF BIDS – David Farmer, Street Department Director requests approval to solicit bids for the purchase of one (1) 2015 Tandem Dump Truck with Plow, Salt Spreader & Fixed Angle Underbody Scraper The following correspondence was received in the City Clerk’s Office on May 13, 2014 from David Farmer, Street Department Director: The Michigan City Street Department requests that you approve the solicitation of bids for: Purchase of one (1) 2015 Tandem Dump Truck with Plow, Salt Spreader, & Fixed Angle Underbody Scraper. The detailed specifications are attached. We ask that this request be on the agenda at the first regularly scheduled meeting of the Board of Works on May 19, 2014. David Farmer, Street Department Director addressed the Board regarding the request; asking for approval to solicit bids. Mr. Farmer explained this truck will replace a 1999 Ford dump truck that is in bad shape. Mr. Farmer stated the monies for the purchase are part of the 2014 budget and this has been approved by the Mayor. Michael Palmer made the motion to allow David Farmer, Street Department Director to solicit bids for the purchase of one (1) 2015 Tandem Dump Truck with Plow, Salt Spreader, & Fixed Angle Underbody Scraper. The motion was seconded by Vice-President Carnes and Regular Meeting – May 19, 2014 Page 6 carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. SOLICITATION OF BIDS – Bob Zondor, Superintendent Central Services requests approval to solicit bids for the purchase of two (2) small Transit Buses The following correspondence was received in the City Clerk’s Office on May 14, 2014 from Bob Zondor, Superintendent Central Services: The Michigan City Transit Department requests that you approve the solicitation of bids for: The purchase of Two (2) Small Transit Buses. The detail specifications are attached. Bob Zondor, Superintendent Central Services addressed the Board regarding the request; asking for approval. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Zondor regarding the bid specifications. Counsel Espar advised Mr. Zondor that he needs to be more generic in his request for solicitation of bids; further stating the bid cannot seek a specific manufacturer or specific product to the exclusion of all others. Counsel Espar recommended Mr. Zondor re-do the bid specifications to be more generic to allow any manufacture that meets those specifications to submit a proposal. Vice-President Carnes stated this will be held over until the next meeting. SCULPTFUSION SITE APPROVAL REQUEST – Tim Haas, Michigan City Public Art Committee The following correspondence was received in the City Clerk’s Office on May 13, 2014 from Tim Haas, Haas & Associates, LLC representing the Michigan City Public Art Committee: Please include the MC Public Art Committee, Sculptfusion site approval request on the Board of Works meeting for May 19th. We will be presenting 5 new locations for 5 new sculptures. The installation date for the new sculptures is (approximately) June 13, 2014. I will sned location plans for the review of Craig, Skyler and Chris Bohnert later this week with the goal of obtaining approval at the May 19th meeting. The approximate locations are: 1. Southwest corner of Wabash Street and Hwy 12 2. Pullman Park, on Park Department property adjacent to Hwy 12 3. Northwest corner of Hwy 12 and Michigan Boulevard/Spring Street (there appears to be MC Owned right of way at that intersection, although Beacon may not be accurate) 4. Lake Shore Drive center median by the Naval Armory (I think this is Park Department property) 5. Northwest corner of Michigan Boulevard and 8th Street, within the fenced in “Gateway” entry for Elston Grove Please contact me with any questions. Tim Haas, representing the Michigan City Public Arts Committee addressed the Board regarding the request; presented handouts of the proposed site locations; introduced Zach Baker who will be in charge of the installation process; asking the Board for approval of the placement of the sculptures. Discussion ensued between the Board, Corporate Counsel John Espar, Mr. Haas, and Mr. Baker regarding the placement of the sculptures. Regular Meeting – May 19, 2014 Page 7 Sgt. Ken Havlin, M.C.P.D. Traffic Division addressed the Board regarding the placement of a sculpture in the median at the intersection of Hwy 12 and Michigan Boulevard as it is a very busy intersection especially during the summer months; asking if the sculpture is placed there it is placed back far enough to not obstruct the view of traffic. Mr. Haas stated he would like to review the proposed site locations with the Police Department’s Traffic Division and also with the Planning Department. Mr. Haas informed the Board that the Public Art Committee has liability insurance and it is stated in the contract; with the artist responsible for any vandalism. Mr. Haas explained the sculptures are to be placed/installed the week of June 9, 2014; with the exception of one (1) that has asked for an earlier installation date. Vice-President Carnes stated this will be held over until the June 2, 2014 meeting. Further discussion ensued between the Board and Mr. Haas regarding alternate locations for the placement of any of the sculptures. MICHIGAN BOULEVARD PHASE II – Michael Kuss, M.C. Sanitary District Corporate Counsel John Espar addressed the Board stating Attorney Bergerson stopped by his office and explained that he would not be able to attend today’s meeting, but is still interested in talking to Mr. Kuss and anyone else directly affected by the re-design of Phase II for the Michigan Boulevard project. Michael Kuss, General Manager Sanitary District addressed the Board regarding two (2) issues with Phase II of the Michigan Boulevard project: 1) issues with storm water control and 2) safety shoulder by Rustic Fencing; explaining the new design would cause safety concerns for the Refuse Department, and he has had conversations with American Structurepoint regarding wider commercial driveways. Discussion ensued between the Board and Mr. Kuss regarding the project at the intersection of Michigan Boulevard and Tilden/Poplar/Ripley Streets near the old Eastport School location. Mr. Kuss explained the weather/rain has slowed the project some. Further discussion ensued between the Board and Mr. Kuss regarding the Lake Avenue Lift Station project. Mr. Kuss stated both the Lake Avenue and Sheridan Beach Sewer Separation projects are moving along. Mr. Kuss explained the Lake Avenue Lift Station project should be complete by the end of the week barring any last punch items; and the Sheridan Beach portion of the sewer separation project is planned to have all the paving done and most of the work completed with the exception of a storm sewer that needs to be installed on Lake Shore Drive between Lake Avenue and Prairie Street. Mr. Kuss explained the storm sewer installation and the proposed re-routing of traffic for the project. Vice-President Carnes asked if Mr. Kuss could explain the Utility Easement Agreement that was given to the Board this morning. Mr. Kuss explained the Sanitary District has a project where they need to install another source of potable water line into their facility, which is what the easement is for. Mr. Kuss suggested the Utility Easement Agreement be brought before the Board at their meeting scheduled for June 2, 2014. Regular Meeting – May 19, 2014 Page 8 Richard Fritz, owner Rustic Fencing addressed the Board regarding the removal of the safety shoulder in front of his business at 2906 E. Michigan Boulevard; stating his concerns; asking that the safety shoulder be re-installed in this area. AGREEMENT – American Structurepoint Inc., - Engineering/Design of new Michigan City Police Department Chief Mark Swistek, Michigan City Police Department addressed the Board stating members of American Structurepoint were present and that they met this morning with the Mayor and Corporate Counsel Espar to go over the Agreement that is before the Board this morning; asking the Board if they had any questions. Corporate Counsel John Espar addressed the Board stating he has seen the Agreement and has one (1) modification that needs to be incorporated into the Agreement itself, which he discussed with members of American Structurepoint this morning and is acceptable to them. Counsel Espar explained the modification is under Section 11.5 in the Agreement to state Phase Two (2) will be adopted as an amendment to the contract subject to all approvals required by law for the construction phase; further explaining he doesn’t want there to be confusion that there is a contractual obligation to pay for Phase Two (2) if the City does not go forward with the construction itself. Counsel Espar stated the language that will be submitted to modify page 17 section 11.5, and he has no legal reason why the Board can’t approve the form of Agreement that has been tendered this morning subject to that modification. Discussion ensued between the Board and Corporate Counsel Espar regarding what was being approved this morning. Counsel Espar stated the Board will be approving what will be the cost of Phase Two (2) if in fact the project goes forward into the construction phase. Michael Palmer made the motion to approve the Agreement with American Structurepoint for the building of the Police Headquarters; their proposal as presented and modified for the construction of Phase Two (2) amendments made to the Agreement. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. RETIREMENT – Michigan City Police Department announces the retirement of Sean Steele effective May 16, 2014 with 21½ years of service The following correspondence was received in the City Clerk’s Office on May 13, 2014 from Sean Steele, Michigan City Police Department: I, Sean Steele, tender my retirement from the Michigan City Police Department, after having served over 21½ years with this department. It is requested that my retirement be effective after the close of business on the 16 th day of May, 2014. I further petition the Trustees of the Police Pension Board that I be placed on a 21½ year Pension. Vice-President Carnes congratulated Officer Steele and “Thanked” him for his service. Note: For Information Only Regular Meeting – May 19, 2014 Page 9 CLAIMS AND PAYROLL Michael Palmer 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 Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). 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 8 05/16/2014 $429,028.21 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment as follows: Page Date Amount 1 of 3 05/14/2014 $659,395.09 1 of 1 05/19/2014 $6,900.08 UNFINISHED BUSINESS – Pending Items Pending Item – Smoking in City Vehicles Vice-President Carnes addressed the Board regarding smoking in the City vehicles; stating this will be addressed at the June 2, 2014 meeting. Pending Item – Seventh-Day Adventist Church – Door to door missionary work Michael Palmer asked if there was anyone present from Seventh-Day Adventist Church to discuss the request. There was no response. Mr. Palmer stated the item will stay on the Pending Item list. Discussion ensued between the Board and Corporate Counsel John Espar regarding the letter the City Clerk’s Office sent asking that a representative attend today’s meeting to answer questions from the Board. Vice-President Carnes stated the item can be removed from the Pending Item list at this time. Pending Item – Michigan City Mainstreet Association Farmer’s Market - Addendum Corporate Counsel John Espar informed the Board that he has drafted a new Agreement for the Board’s consideration this morning; stating the modifications that have been incorporated into the contract are under paragraph 13, which previously provided for a one (1) year term Regular Meeting – May 19, 2014 Page 10 and that one (1) year term upon application could be extended; presently it has been re- drafted to say the term of this agreement shall run from May 1st through October 31st of the year of execution and shall automatically renew each successive year thereafter unless either party gives notice prior to March 1st of the subsequent year as said party does not intend to renew the agreement or otherwise intends to re-negotiate the terms hereof. Counsel Espar explained that he made some other minor changes to reference the appropriate persons who would be executing the agreement, namely the Executive Director and the Vice-President. Counsel Espar stated the Board can adopt the Agreement today. CITY OF MICHIGAN CITY AND THE MICHIGAN CITY MAINSTREET ASSOCIATION FARMER’S MARKET OPERATION AGREEMENT THIS AGREEMENT is made and entered into this 19th day of May, 2014 and supersedes any previous agreements by and between the City of Michigan City, herein referred to as “the City” an Indiana municipal corporation, and the Michigan City Association, an Indiana not-for-profit association with tax exempt status. WHEREAS, agriculture is one of the historical cornerstones of the local economy; and local growers and small businesses make an essential contribution to our local communities and to the well-being of our citizens; and WHEREAS, farmers markets are dedicated to supporting family farms and small businesses and to providing opportunities for our citizens to meet local producers and gain access to the bounty of locally grown products in all their diversity, fresh from the farm; and WHEREAS, the congenial atmosphere of a farmers market appeals to local citizens and tourists of all ages and ethnic backgrounds, creates a positive social experience, and provides nutritional, economic, and educational benefits; and WHEREAS, the City of Michigan City Mainstreet Association have a history of cooperation and collaboration in providing a successful venue for a farmer’s market over the years; and WHEREAS, operation of a framers market open to the public in downtown Michigan City will further attract customers to the north end of the city and further the use of downtown businesses, providing for increased sale and creating tax revenue; and WHEREAS, the Board of Public Works and Safety has the power to contract with private nonprofit organizations to operate a farmers market open to the public on city-owned property; and WHEREAS, the Michigan City Mainstreet Association is a private nonprofit organization comprised of local businesses and is qualified to operate such a farmers market open to the public; and WHEREAS, it is desirable that the parties set forth in the Agreement the terms and conditions under which a farmers market open to the public will be managed by the Michigan City Mainstreet Association. IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: A. RESPONSIBILITIES OF MICHIGAN CITY MAINSTREET ASSOCIATION 1. Occupy, Operate and Manage: The Michigan City Mainstreet Association shall occupy, manage, and operate a farmers market on the City’s property located at the southeast corner of Washington and 8th Streets according to the provisions, terms and conditions of the Agreement and in accordance with all applicable laws as shall relate hereto. The Michigan City Mainstreet Association shall be responsible for the costs of administration and daily operations, including all utility payments, if any, of such a farmers market. The Michigan City Mainstreet Association shall open the location to the purchasing public during its hours of operation. The Michigan City Mainstreet Association shall operate and administer the farmers market in a businesslike manner with emphasis given to good customer service, in recognition of the Michigan City Mainstreet Association’s role as a contractor for the City. The Michigan City Mainstreet Regular Meeting – May 19, 2014 Page 11 Association shall submit to the City copies of all policies, rules, and regulations that it enacts relative to the operation of the farmers market. The Michigan City Mainstreet Association shall follow and abide by such rules and regulations. 2. Nondiscrimination: The Michigan City Mainstreet Association agrees and promises to manage and operate the farmers market in a fair manner and that it will not, on the grounds of race, color, national origin, religion, age, sex, or sexual orientation discriminate against any person or group of persons. The Michigan City Mainstreet Association shall maintain during the term of this Agreement a written policy and process governing selection of vendors. The policy and process shall give equal opportunity to all qualified vendors and contain criteria for selection consistent with this Agreement. 3. Farmers Market Season: A representative from the Michigan City Mainstreet Association And the City shall meet prior to January 31st of each year at which time the Michigan City Mainstreet Association shall notify the City of specific days and times of farmers market operation for the upcoming year, and of any substantial reduction in the length of the season or any substantial change in the days and hours of operation from the traditional opening on the first Saturday in May of each year. Any substantial reduction shall be subject to approval by the City. 4. Use by City: The Michigan City Mainstreet Association shall allow the City of Michigan City or other organizations sponsored by the City to make use of the farmers market facilities or any portion thereof at no charge. The City shall give notice of such use to Michigan City Mainstreet Association representative within a reasonable amount of time prior to the use. The City and Michigan City Mainstreet Association representatives will communicate as frequently as needed for scheduling the use of the farmers market. 5. Financial Records: The Michigan City Mainstreet Association agrees it shall maintain Fiscal records and accounts in accordance with systems and procedures prescribed by law for non-profit corporations. The Michigan City Mainstreet Association shall annually provide to the City a financial report reviewed by the Michigan City Mainstreet Association’s retained C.P.A. which as a minimum includes income and expenses for a given year. Upon request, the Michigan City Mainstreet Association shall allow access to the City to review and audit the Michian City Mainstreet Association’s financial information, including revenues and expenses. 6. Taxes and Obligations: The Michigan City Mainstreet Association shall be responsible for paying any tax or any other obligations owed to the State of Indiana or others arising from the Michigan City Mainstreet Association’s use of the Property as a farmers market. 7. Use of Sidewalks: The Michigan City Mainstreet Association may use the sidewalks adjacent to the Property as needed and agreed upon to support Michigan City Mainstreet Association and for public pedestrian use. The Michigan City Mainstreet Association shall use its best efforts to prevent sidewalks along the streets on the periphery of the Michigan City Mainstreet Association from being blocked with vehicles, merchandise or other objects associated with Michigan City Mainstreet Association activities. The Michigan City Mainstreet Association shall at least annually inspect the sidewalks along the streets and the sidewalks within the property for damage or defects. 8. Insurance and Indemnification: 8.1 Policy Limits. The Michigan City Mainstreet Association agrees to procure and maintain for the duration of this Agreement commercial general liability insurance with limits of liability not less than $1,000,000.00 per occurrence, and $2,000,000.00 in the general aggregate, for bodily injury, including personal injury or death, products liability and property damage. 8.2 Certificate of Insurance. The City shall be named as additional insured on all such insurance policies. The insurance provided to the additional insured shall be primary. The Michigan City Mainstreet Association shall provide certificates of insurance and an additional Insured endorsement, concurrent with the execution of this Agreement, evidencing such coverage and, at City’s request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after forty-five (45) days prior written notice to the City. If the Michigan City Mainstreet Association’s insurance policies are “claims made” or “claims paid,” the Michgian City Mainstreet Association shall be required to maintain tail coverage for a minimum period of two (2) years from the date this Agreement is actually terminated. The Michigan City Mainstreet Association’s failure to maintain such insurance policies shall be gorunds for the City’s immediate termination of the Agreement. 8.3 Insurance Limits: The insurance limits stated above are not intended to be an Regular Meeting – May 19, 2014 Page 12 indication of exposure nor are they limitations on indemnification. 8.4 Expiration/Termination of Insurance: The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8.5 Indemnification: Furthermore, the Michigan City Mainstreet Association agrees to defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of the premises or adjacent streets here in question, or from any activity, work or thing done, permitted, or suffered by the Michigan City Mainstreet Association in or about the premises, which may arise out of the use of the Property, and adjacent streets by the Michigan City Mainstreet Association, any vendor or concession permitted by the Michigan City Mainstreet Association, or any of them; provided that the City shall indemnify and hold the Michigan City Mainstreet Association harmless from any claims, actions, damages or liability arising out of the sole negligence of the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Assignment of Interests: The Michigan City Mainstreet Association shall not, either directly or indirectly, assign, transfer, mortgage, pledge, hypothecate, or encumber this Agreement or any interest therin, and shall not lease or sublet the Property, without the prior written consent of the City, which shall be in the City’s sole discretion; and any attempt to do so without such consent being first obtained shall be wholly void and shall constitute a breach of this Agreement. Notwithstanding the foregoing, the Michigan City Mainstreet Association shall have the right at any time, without the City’s consent, to grant concessions on the Property to growers, makers, and catchers or produce, seafood, meat, poultry, sellers, and resellers of agricultural products, sellers of local crafts and sellers of prepared food; all in accordance with the requirements of the Agreement including, but not limited to, the restrictions on the use of the property contained herein. No consent by the city to any assignments, leasing or subletting by the Michigan City Mainstreet Association shall relieve the Michigan City Mainstreet Association of any obligation to be performed by them under this Agreement, whether occurring before or after such consent, assignment, leasing or subletting. The consent by the City to any assignment, leasing or subletting shall not relieve the Michigan City Mainstreet Association from obligation to obtain the City’s express written consent to any other assignment, leasing or subletting. 10. Independent Contractor: The parties agree that the Michigan City Mainstreet Association’s use of the Property and public right-of-way pursuant to this Agreement is as an independent contractor and not as a department of the City. Further, Michigan City Mainstreet Association employees are not employees of the City. 11. Implied Waivers: Waiver by the City of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition herein contained. 12. Right to Entry: The City reserves, and shall at any and all reasonable times have the right to enter the Property site to inspect the Michigan City Mainstreet Association facilities for any reason; provided, that the City shall exercise good faith in attempting to minimize the extent of any interference with the Michigan City Mainstreet Association’s operation of a farmers’ market. 13. Term of Agreement: The term of this agreement shall run from May 1st through October 31st of the year of execution and shall automatically renew each successive year thereafter, unless either party gives notice prior to March 1 st of the subsequent year that said party does not intend to renew the agreement or otherwise intends to renegotiate the terms hereof. 14. Agreement Notices: All notices under this Agreement shall be in writing and delivered in person or sent by certified mail, return receipt requested, to the City and to the Michigan City Mainstreet Association at the addresses set forth below at such party’s last known address, or at such other address as one party may request by written notice to the other party. Notices mailed as aforesaid shall be deemed given on the date of mailing or delivery, if delivered by hand. The following persons shall be deemed the official representatives of the respective parties for purposes of this Agreement: Regular Meeting – May 19, 2014 Page 13 For the Michigan City Mainstreet Association Diane D. Wilczewski Executive Director P.O. Box 442 Michigan City, IN 46360 For the City of Michigan City: John M. Espar Corporation Counsel 100 E. Michigan Blvd. Michigan City, IN 46360 15. Entire Agreement: This Agreement contains the entire Agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties. If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. This Agreement replaces all prior Agreement’s pertaining to the operation and maintenance of the Farmers Market between the City and the Michigan City Mainstreet Association. 16. Assignment by the City: In the event of any transfer of the City’s interest in the Property, the City shall be and is hereby entirely freed and relieved of any liability or responsibility under any and all of its covenants and obligations contained in or derived from this Agreement upon such transfer; provided, that the person or entity acquiring the City’s interest herein may, without any further agreement between the parties or their successors in interest assume and agree to carry out any and all of the covenants and obligations of the City under this Agreement. 17. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws of the State of Indiana. 18. Attorney Fees: In the event either of the Parties defaults on the performance of any terms of the Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the prevailing party shall be entitled to its reasonable attorneys’ fees, costs and expenses to be paid by the other Party. Michael Palmer made the motion to adopt the Agreement as presented this morning. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. Pending Item – Agreement between First United Methodist Church and the City of Michgian City regarding use of 7th Street parking lot Corporate Counsel John Espar addressed the Board stating Attorney Atley Price and himself are exchanging drafts of the Agreement; and will provide the final version to the Board when completed. Pending Item – Acuity ES License Agreement for boring samples on Franklin Street at Brinkman Avenue Corporate Counsel John Espar addressed the Board stating he has finalized the License Agreement with Acuity ES and submitted it to them for signature. Regular Meeting – May 19, 2014 Page 14 Pending Item – Painting of the Lighthouse Corporate Counsel John Espar addressed the Board regarding the Painting of the Lighthouse, stating the project is moving forward and the Port Authority has awarded the bid. Pending Item – AT&T License Agreement to utilize City right-of-way Corporate Counsel John Espar addressed the Board stating he is continuing to work with AT&T and their Attorney’s on the License Agreement for the placement of the VRAD device. Sale of City Property – 204 Willard Avenue Craig Phillips, City Planner addressed the Board stating the work to determine which properties the Mayor is interested in offering up for sale continues and should be nearing completion soon. Pending Item – Daniel D. Bruce Memorial Craig Phillips, City Planner addressed the Board stating the work and preparations for the Daniel Bruce Memorial are moving along smoothly; and will be ready for the rededication ceremony on May 20, 2014; explaining there has been a mock-up of the citation prepared for the ceremony as the brass citation will not be ready. Pending Item – Trail Creek signs Craig Phillips, City Planner addressed the Board regarding the installation of the Trail Creek signs, stating the meeting that was to take place had to be rescheduled, and will be happening in short order. Pending Item – City Street signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report on the City Street signs at this time. Pending Item – Sale of City Property-US Hwy 20 & Cleveland Avenue adjacent to Fire Station Craig Phillips, City Planner addressed the Board stating this was addressed earlier in the meeting. Vice-President Carnes stated this could be taken off the Pending Item list. Pending Item – 111 Franklin Street (Ice Cream Parlor) Craig Phillips, City Planner addressed the Board stating progress is being made at the location known as the Ice Cream Parlor (111 Franklin Street). Regular Meeting – May 19, 2014 Page 15 Russ Hatfield, Code Enforcement Officer addressed the Board stating he is happy to report it is an active construction project and they have been very busy. Mr. Phillips informed the Board that the roof is complete, which was one of the benchmarks for the project; with windows next and stubbing out utilities. Pending Item – Safety Shoulder Rustic Fencing 2906 E. Michigan Boulevard Craig Phillips, City Planner addressed the Board stating he has concerns regarding the provision of permanent parking situation in that location; further stating he understands the temporary parking of vehicles for pick up and facilitating refuse collection and such, but has serious concerns about the provision of a permanent parking situation there, which is completely out of charter for that roadway in its entirety until you get to 11th Street. Charles “Spike” Peller, City Engineer addressed the Board stating he is in agreement with the City Planner that permanent parking should not be allowed in the area from 11th Street to the interchange. Mr. Peller stated he has been in conversations with Mr. Kuss, General Manager Sanitary District, and they are looking at the ideas for the area with regards to refuse pickup; and will meet with the owner of Rustic Fencing to discuss the matter. Pending Item – 3 way flashing light at Tilden and Coolspring Avenues Charles “Spike” Peller, City Engineer addressed the Board regarding the request from Councilman Duane Parry for the installation of a 3 way flashing light at the intersection of Tilden and Coolspring Avenues stating Global Engineering has been hired to work on a solution for that and will have a recommendation in the near future. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the 3 way flashing light, the recommendation of the Michigan City Police Department’s Traffic Division and hiring Global Engineering. Mr. Peller stated Global Engineering will be doing a “warrant study” on the intersection. Shem Khalil, Global Engineer addressed the Board regarding the 3 way flashing light explaining a possible solution would be to remove the Stop signs on Coolspring Avenue as this is a thoroughfare and Tilden Avenue is not. Further discussion ensued between the Board and Mr. Khalil regarding the placement of the Stop signs at that intersection, which were installed for the children crossing to get to school. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop, stating there is nothing new to report at this time. Pending Item – 515 Union Street-Installation of Street Light in Alley Charles “Spike” Peller, City Engineer addressed the Board stating NIPSCo has been instructed to install a “dusk to dawn” light there. Regular Meeting – May 19, 2014 Page 16 Pending Item – 704 W. 9th Street-removal of curbing Charles “Spike” Peller, City Engineer addressed the Board stating this will be done under the 2014 Sidewalk and Paving program. Mr. Peller informed the Board that he is working with the owner of the property to get the access area worked out. Pending Item – Signage to identify US Hwy 12 & Michigan Boulevard Charles “Spike” Peller, City Engineer addressed the Board stating he is working with the Planning Department on this. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating he has been in discussion with Fire Chief Ronnie Martin, as this is a fire protection situation; and he is working on a design for the road and are waiting until the sewer work is done in that area. Pending Item – Installation of street light at 112 Davis Drive Charles “Spike” Peller, City Engineer addressed the Board regarding the installation of a street light at 112 Davis Drive stating this is done and can be removed from the Pending Item list. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating the curbing is done and paving will begin soon; and a “stripping contractor” will be hired to place the thermo-plastic striping of the area. Pending Item – Crosswalk Michigan City High School Charles “Spike” Peller, City Engineer addressed the Board regarding the crosswalk project for the Michigan City High School; stating he is working with Bob Zondor, Superintendent Central Services on the grant application. Pending Item – Installation of street light at 1010 Providence Charles “Spike” Peller, City Engineer addressed the Board regarding the installation of a street light at 1010 Providence stating the homeowner does not want the light and will not grant the easement; looking at placing the street light across the street, and is working with that homeowner to see if the light can be placed there. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Peller regarding who wanted the street lights, the locations for placement and necessary easements. Regular Meeting – May 19, 2014 Page 17 New Item – Intersection of Coolspring Avenue and Franklin Street Michael Palmer addressed Charles “Spike” Peller, City Engineer regarding the work that is taking place at the intersection of Coolspring Avenue and Franklin Street for the Family Express gas station; asking if they came before the Board for permission to do soil borings at that location and an agreement signed. Pending Item – 124 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 124 Green Street, stating the demolition is almost complete as there is some final cleaning that needs to be done when they bring in the top soil. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating he is still working with Corporate Counsel John Espar on researching the new IDEM regulations to be sure the City is in total compliance and will be sending out notice in the near future to continue on with the demolition process. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating he is still working with Corporate Counsel John Espar on researching the new IDEM regulations to be sure the City is in total compliance and will be sending out notice in the near future to continue on with the demolition process. Corporate Counsel Espar asked Mr. Hatfield to provide him with the contact information he has for IDEM. PUBLIC COMMENTS Vice-President Carnes asked if there were any comments from the public. Michael Kuss, General Manager Sanitary District addressed the Board regarding the work that has been done by the City and the Sanitary District with the Lake Henry issue. Mr. Kuss asked John Doyle of John A. Doyle & Associates to attend today’s meeting with him as he has some information on the survey work they did in this area. Mr. Kuss distributed letters that were sent on May 14, 2014 to the Department of Natural Resources, the Indiana Department of Environmental Management and also to the Army Corps of Engineers; and a draft letter that he would like to send to IDEM for some additional work that needs to be done. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Kuss regarding the Lake Henry/Southwind Drive water problems. Mr. Kuss stated the issue has been ground water leaking into residences basements; recommending homeowners seal their basements. Mr. Kuss explained they are contacting the proper agencies to get approval for permitting to address the issue. Mr. Kuss explained the procedures they intend to use to help alleviate Regular Meeting – May 19, 2014 Page 18 the water level at Lake Henry. Mr. Kuss suggested the Board of Public Works and Safety give him the authority to continue to work on the issue; asking that the Board reimburse the Sanitary District for any expenses incurred. Further discussion ensued between the Board, Corporate Counsel Espar and Mr. Kuss regarding Lake Henry and any routine maintenance that would need to be performed by the City on the lake or the weir structure. Mr. Kuss stated the work that is being done is only a short term measure to try to get the lake level down to where it’s flowing over the weir; long term measures would need more evaluation for a long term maintenance plan, if it is determined that it is the responsibility of the City. Russ Hatfield, Code Enforcement Officer addressed the Board stating the Board may want to explore FEMA as they did declare portions of LaPorte County, and the area surrounding Lake Henry may be one of them, a disaster area due to the ground water levels and funding was available to the homeowners. Mr. Kuss informed the Board that the names and addresses of nineteen (19) residents were given to the LaPorte County Emergency Management Agency and they are trying to contact FEMA to see what type of relief would be available for the homeowners. Mr. Kuss stated Mr. Doyle will be submitting billing for the survey work that was performed, suggested that Mr. Doyle provide an overall work plan for the long term maintenance of Lake Henry and billing for work that was/will be performed by Sanitary District will all need to be paid by the Board of Public Works and Safety. Mayor Meer addressed the Board stating for the initial work that has been performed so far there should be funding available in contractual services, but anything beyond that, a scope of maintenance and a plan to address Lake Henry beyond just opening up the ditch, which the Sanitary District will do, an additional plan would need to go before the City Council for an additional appropriation depending on the cost. Michael Palmer made the motion to authorize Mr. Kuss to take the lead on the initial work to bring the water level down at Lake Henry and reimburse the Sanitary District, pay Mr. Doyle for the survey work, and have Mr. Doyle proved a long term maintenance program for Lake Henry. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. Vice-President Carnes asked if there were any other comments from the public. Zach Baker, Events Coordinator with the Michigan City Mainstreet Association addressed the Board regarding a new event that has been started called the 2nd Saturday Craft bazaar; asking if this event could utilize the parking lot on 7th Street. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Baker regarding the 7th Street lot. Counsel Espar advised he is working with the Church to get the lot under lease. Craig Phillips, City Planner advised the Board that Attorney Price, Shem Khalil, Ken Behrendt and himself have met with representatives of the Church regarding the renewal of the lease, and the conversations went well. Mr. Phillips advised the Board that the existing lease renews annually until replaced. Regular Meeting – May 19, 2014 Page 19 Further discussion ensued between the Board, Corporate Counsel Espar, Mr. Phillips, Mr. Khalil and Mr. Baker regarding the renewal of the lease to allow the Mainstreet Association to operate it as a craft retail dealing with cash, transient vendors and things like that; similar to the Farmer’s Market Agreement. Mr. Khalil informed the Board that the Church has requested to be informed of any events that will take place on the lot, their representative will decide if they will allow the event and requested the “right of first refusal” in case the Church needs the lot for their own purposes. Mr. Phillips addressed the Board stating the Church will provide a form that the City or Mainstreet would submit for their approval. Mr. Phillips asked for a “blanket approval” of events as part of the lease that is drafted. Corporate Counsel Espar addressed the Board stating one way to approach the immediate requests that are before the Board from the Mainstreet Association to use the 7th lot for a Craft show event on the 2nd Saturday of June is one (1) request, and that a more permanent installment on that event would have to be a) subject to the lease that is being renegotiated with the Church and b) some kind of Memorandum of Understanding or Operational Agreement with the Mainstreet Association for that event an Agreement that conceptually follows what has been done with the Farmer’s Market. Counsel Espar explained the Mainstreet Associations liability insurance will cover the City. Sgt. Ken Havlin, M.C.P.D. Traffic Division and owner of Luxe Boutique addressed the Board regarding concerns of the merchants and business owners with approving this 2nd Saturday event; asking that the use of the property be clearly spelled out by the Mainstreet Association. Mr. Khalil addressed the Board explaining that the Maintstreet Association has a jury selection for the vendors that will be allowed to use the 7th Street lot. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Phillips regarding the use of the lot and who will be allowed to participate in the event. Michael Palmer made the motion to TABLE the item until the meeting on June 2, 2014. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. Vice-President Carnes asked if there were any other comments from the public. Zach Baker, Events Coordinator for the Mainstreet Association addressed the Board requesting permission to place “Port-A-Pots” at the Farmer’s Market location for public use. Mr. Baker explained the “Port-A-Pots” that will be used and the placement of them. Mr. Baker stated the Mainstreet Association will take care of the payment. Michael Palmer made the motion to approve the placement of the “Port-A-Pots” as described by Mr. Baker during the Farmer’s Market season only. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. Vice-President Carnes asked if there were any other comments from the public. Regular Meeting – May 19, 2014 Page 20 Zach Baker, Installation Coordinator for the Sculptfusion project addressed the Board regarding one (1) installation for the project where the artist has asked for an early installation as he will be out of town during the scheduled installation. Mr. Baker explained this installation will be at the intersection of 8th Street and Michigan Boulevard in front of the “Elston Grove Neighborhood” sign. Craig Phillips, City Planner addressed the Board and Mr. Baker regarding a corner clearance requirement of the Zoning Ordinance; and requested a chance to review the area for intersection clearance requirements. Discussion ensued between the Board, Mr. Phillips and Mr. Baker regarding the artist’s request for early installation. Vice-President Carnes asked if there were any other comments from the public. There was no response. BOARD COMMENTS Vice-President Carnes asked if there were any Board comments. Vice-President Carnes reminded everyone of the importance of getting their items on the Agenda and requests to the Board for their review before the meeting, so they can make informed decisions at the meeting. Vice-President Carnes asked if there were any Board comments. There was no response. ADJOURNMENT Vice-President Carnes inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 11:00 a.m.). Michael Palmer made the motion to adjourn. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Carnes and Palmer (2). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk