Board of Public Works & Safety

REGULAR MEETING – March 21, 2016 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, March 21, 2016 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 President Steve Janus, who presided. Noted present: Steve Janus and Michael Palmer (2). Absent Virginia Keating (1). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Russ Hatfield, Code Enforcement Officer Charles “Spike” Peller, City Engineer Robert Zondor, Superintendent Central Services Judy Pinkston, CDBG Director Jessica Gage, Assistant City Planner Liz Sonderby, Mayor’s Secretary Capt. Steve Jesse, M.C.P.D. Traffic Division Sgt. Chris Yagelski, M.C.P.D. Frank Seilheimer, Forrester/Vector Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of March 7, 2016. Vice-President Palmer made the motion to approve the minutes as presented. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion carries. REQUEST FOR OPEN AIR MARKET – Brother Shaun Gray, St. Stanislaus Parish is requesting an Open Air Market from April 30 through October 29 from 8:00 AM to 2:00 PM along with closure of the alleyway between Franklin Street and Pine Street during this time. The following Request was received in the City Clerk’s Office on March 15, 2016 from Brother Shaun Gray: That there would not be any fees charged to any vendors using the Parish grounds & also that another request for the closure of the alley between Franklin Street and Pine Street during the hours of operation of the open air market. Brother Shaun Gray, St. Stanislaus Parish, 109 Ann Street, addressed the Board explaining the request about using the grounds for an open air market to generate revenue for the parish. Brother Shaun also addressed the alleyway between Franklin Street and Pine Street to be closed during the hours of operation of the market. Regular Meeting – March 21, 2016 Page 2 Discussion ensued between Vice-President Palmer and Brother Shaun Gray about the hours and days of operations. Brother Shaun stated the market would operate on Saturdays from April till October from 8:00 AM till either 1:00 or 2:00 PM. President Janus requested this be referred to the Street Department, Police Department and Fire Department to get approval for the closure of the alleyway. Vice-President Palmer made the motion to TABLE this request until the April 4, 2016 meeting to which the Board will get a report back from Police, Fire and Street Departments regarding the closure of the alley; and to give permission to operate the market without any fees. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. REQUEST FOR FARMERS MARKET – Shane Hansen, MainStreet Association is requesting to hold Wednesday Farmers Market from June 15 to September 28 from 4:00 PM to 8:00 PM. The following request was received in the City Clerk’s Office on March 3, 2016 from Shane Hansen: Permission to continue to operate the Wednesday Farmers Market this year from June 15 to September 28 from 4:00 PM to 8:00 PM. Shane Hansen, Michigan City MainStreet Association addressed the Board explaining the request for Wednesdays Farmers Market from June 15 to September 28 from 4:00 PM to 8:00 PM; asking the Board for approval. Discussion ensued between Vice-President Palmer and Shane Hansen about if the vendors required electric for this event and how the agreement states they are to be billed for the use of electricity. Vice-President Palmer made the motion to approve the request from MainStreet Association to have the Farmers Market on Wednesdays beginning June 15th thru September 28th from 4:00 PM to 8:00 PM and to require the insurance be updated as well as looking into billing for the electricity being used. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. REQUEST FOR BIKE RACKS – Larry Silvestri is requesting two (2) bike racks for the Michigan City Y.M.C.A. The following Request was received in the City Clerk’s Office on March 15, 2016 by Larry Silvestri: Y.M.C.A. requesting 2 bike racks. The bike racks will go on the west wall between doors at William and Pine Streets. Y.M.C.A. will install them. Bobbi Petru, Director of the Y.M.C.A addressed the Board explaining the request for donation of two (2) bike racks; asking for approval. Regular Meeting – March 21, 2016 Page 3 Discussion ensued between the Board, Bob Zondor and Craig Phillips about where the bike racks came from originally. Further discussion ensued between the Board and Bobbi Petru about how many bike racks were needed and that the Y.M.C.A. would install the bike racks if the City delivered them. Vice-President Palmer made a motion to declare excess inventory of bike racks and allow the Y.M.C.A. to receive two (2) of the bike racks after which the City will deliver them but the request states the Y.M.C.A. will install them. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. REQUEST FOR QUOTES – Frank Seilheimer is requesting to accept quotes for the 2016 landscaping project. Corporate Counsel Amber Lapaich addressed the Board explaining the request for Bid/Quote documents; asking for approval so Mr. Seilheimer can go out and solicit three (3) quotes and present them at the April 4, 2016 meeting. Discussion ensued between Vice-President Palmer and Corporate Counsel Amber Lapaich about performance issues and if there are issues with the contracts the City can request they be modified or terminated. Vice-President Palmer made a motion to approve the 2016 Landscape Contract Bidding documents for the Michigan Boulevard and Franklin Street projects. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. PURCHASE AGREEMENT – Purchase Agreement between the Michigan City Redevelopment Commission, the Michigan City Public Art Committee, the City of Michigan City, and Bernard Williams for Artwork (Wabash Street Project) Corporate Counsel Amber Lapaich addressed the Board explaining the Purchase Agreement; that Redevelopment has offered to purchase the sculpture; and Mrs. Lapaich is asking for the Agreement to be approved by the Board. Discussion ensued between the Board and Corporate Counsel Amber Lapaich about insurance on the sculpture. Further Discussion ensued between the Board and Craig Phillips about concerns with the sculpture design extending out into the street. Vice-President Palmer made a motion to approve the contract for Bernard Williams to place a sculpture along Wabash Street which is being paid for by the Redevelopment Commission and once the City takes possession the City will insure them. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. PURCHASE AGREEMENT – Purchase Agreement between the Michigan City Redevelopment Commission, the Michigan City Public Art Committee, the City of Michigan City, and Nathan Pierce for the Artwork (Wabash Street Project) Regular Meeting – March 21, 2016 Page 4 Corporate Counsel Amber Lapaich addressed the Board explaining the Purchase Agreement; that Redevelopment has offered to purchase the sculpture; and Mrs. Lapaich is asking for the Agreement to be approved by the Board. Vice-President Palmer made a motion to approve the contract for Nathan Pierce to place a sculpture along Wabash Street which is being paid for by the Redevelopment Commission and once the City takes possession the City will insure them. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. STREET LIGHT REMOVAL – Charles “Spike” Peller, City Engineer requests approval for the removal of NIPSCO “dusk till dawn” lights along Wabash Street. Charles “Spike” Peller, City Engineer addressed the Board explaining the request for the removal of 8 NIPSCO “dusk till dawn” lights located on Wabash Street from US 12 to 11th Street. Larry Silvestri, 314 Kenwood Place addressed the Board about a list with all the NIPSCO poles with the lights that are scattered throughout the whole Art District from 11th to 4th Street and Pine to Wabash Street. Mr. Peller stated he would investigate the list that Mr. Silvestri is presenting to the Board and report back at the next meeting on April 4, 2016. Vice-President Palmer made a motion to remove the lights and poles that are requested by the City Engineer on Wabash Street and to have the City Engineer investigate the list of poles and lights presented today by Mr. Silvestri and report back at the next meeting on April 4, 2016. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Michigan City MainStreet Association is requesting street closure on July 16, 2016. The following Correspondence was received in the City Clerk’s Office on February 23, 2016 from Johnny Stimley: The Michigan City MainStreet Association is requesting that on Saturday, July 16, 2016 that Franklin Street from 4th & 9th Streets be closed from 11 a.m. to 7 p.m. for a new event called “Mid-Summer Splendor” Best of years past and tomorrow. This is a car show from 12 noon to 4 p.m. and a new and used car sale from 12 noon to 7 p.m. with a Sock Hop from 4 p.m. to 7 p.m., gearing portions of the event towards the youth with children’s games and activities, and with mobile food vendors (no alcohol at event). Sincerely, Johnny Stimley Discussion ensued between the Board and Corporate Counsel Amber Lapaich about referring this to Police, Fire and the Street Department. Vice-President Palmer made a motion to place this request on the Pending Items list till the April 4, 2016 meeting and referred to the Police, Fire and Street Departments for final approval. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. Regular Meeting – March 21, 2016 Page 5 REQUEST FOR STREET CLOSURE – Michigan City MainStreet Association is requesting street closure for “First Fridays” The following Correspondence was received in the City Clerk’s Office on February 23, 2016 from Johnny Stimley: The Michigan City MainStreet Association is requesting the closure of 7th Street from Franklin Street to the end of the alleyway on 7th Street (as seen on the attached diagram) for 1 st Fridays for an open air market (this will not affect any businesses) from 8:00 AM to 3:00 PM on April 1, May 6, June 3, July 1, August 5, September 2, October 7 and November 4, 2016 (no alcohol sales will be allowed). Also, on these dates there will be food vendors on Franklin Street which we will need “No Parking” at 10 th & Franklin Streets and 8th & Franklin streets, as well as in the middle of 7th and Franklin Streets. We will be also having some street performers on 1 st Friday, which will include bands, so we are requesting the use of electrical outlets. Sincerely, Shara Weaver, Chair of 1 st Fridays and Johnny Stimley, Chair of Events for MainStreet Association Discussion ensued between the Board, Shara Weaver and Corporate Counsel Amber Lapaich about closing off 7th Street and whose responsibility it would be. Further discussion ensued between the Board and Corporate Counsel Amber Lapaich about the Food Vendors and the ordinance stating since it is on a city street, it requires a permit fee be filed as a mobile vendor; and Mrs. Lapaich stating if there was an agreement entered with MainStreet that this would fall under, this would be the only exception. Clarification about the hours was discussed between the Board, Corporate Counsel Amber Lapaich and Shara Weaver explaining the hours of operation would be 5:00 PM to 8:00 PM not 8:00 AM to 3:00 PM as the letter indicated. Discussion ensued between Capt. Steve Jesse and Shara Weaver about the possible streets they want to be closed, stating just West of 7th Street to Washington Street, is what would be closed; Capt. Jesse stated this would be just fine. Further discussion ensued between the Board, Corporate Counsel Amber Lapaich and Shara Weaver about the request for three (3) spots on Franklin Street for parking; Corporate Counsel Amber Lapaich stated this ties in with the food vendors. Vice-President Palmer made a motion to close 7th Street from Franklin Street West to Washington Street for First Fridays for the months April thru November from the hours of 5:00 PM to 8:00 PM. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich addressed the Board about drafting a Memorandum of Understanding reciting responsibilities for the closures of 7th Street. Vice-President Palmer made a motion to amend his motion to include the Memorandum of Understanding for the use of 7th Street from Franklin Street to Washington Street during the First Friday event. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: (0). Motion Carries. Vice-President Palmer made a motion to TABLE the request for allowing the food vendors to be on Franklin Street until an agreement has been reached between the City and MainStreet Regular Meeting – March 21, 2016 Page 6 Association. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. CLAIMS AND PAYROLL Vice-President 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 President Janus and carried as follows: AYES: MEMBERS Janus 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 6 03/18/2016 $390,541.05 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 4 03/18/2016 $1,360,604.91 1 of 1 03/11/2016 $2,101,923.30 1 of 2 03/11/2016 $625,115.31 1 of 1 03/17/2016 $125.15 UNFINISHED BUSINESS President Janus stated there were no Pending Items on the Pending Items list at this time. NEW BUSINESS Sgt. Chris Yagelski, M.C.P.D. addressed the Board explaining the Annual Physical Exam that is done, per the department’s contract with the City of Michigan City, each and every year; this year they would like to use La Porte Occupational Health and have a Memorandum of Understanding; the cost would be a little less with La Porte Occupational Health and they are offering more amenities. Vice-President Palmer made a motion to allow the President to sign the Memorandum of Understanding with La Porte Occupational Health Center to provide the annual physicals to the Michigan City Police Department Officers. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: None (0). Motion Carries. Sgt. Chris Yagelski, M.C.P.D. addressed the Board explaining the Annual Physical Fitness testing for all Police Officers; this will be held at Striebel Pond through the month of April on Tuesday and Wednesday mornings and afternoons. (For Informational Purposes only) Regular Meeting – March 21, 2016 Page 7 PUBLIC COMMENTS President Janus asked if there were any comments from the public. There was no response. BOARD COMMENTS 111 Franklin Street President Janus stated he noticed the property at 111 Franklin Street is now for sale, can stipulations be placed on the title? Craig Phillips, City Planner stated it is his understanding the property is for sale or lease; but believes the City has no control over the sale or lease of the property; the City has control over maintaining the property and that the City monitors it if it becomes an abandoned facility. Mr. Phillips stated he will try to keep some communication and pressure on the owner to try and move this project along. Discussion ensued between the Board, Craig Phillips and Corporate Counsel Amber Lapaich about a working agreement with the owner for completing the exterior. Vendors without permits Vice-President Palmer addressed the Board about who is policing vendors who open up and start selling products on sidewalks on weekends without permits? Corporate Counsel Amber Lapaich stated the Police have the authority to also issue citations and stop this. Discussion ensued between the City Clerk Gale Neulieb and Craig Phillips about how vendors were on the sidewalks in the north end selling items that had nothing to do with the businesses they were outside of. Corporate Counsel Amber Lapaich explained that vendors need a permit to sell and if they do not have one they are not authorized to be on the sidewalk. ADJOURNMENT President Janus inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 9:40 am). Vice-President Palmer made the motion to adjourn. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Palmer (2). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk