Board of Public Works & Safety

REGULAR MEETING – February 20, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, February 20, 2018, at the hour of 8:30 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Rich Murphy and Virginia Keating (3) Absent: NONE (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Lt. Jeff Loniewski, M.C.P.D. Traffic Division Kalon Kubik, Mayor’s Administrator Charles “Spike” Peller, City Engineer Skyler York, Assistant City Planner Sue Downs, Code Compliance Officer Chief Randy Novak, M.C.F.D. Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of February 5, 2018. Vice-President Murphy made the motion to approve the minutes from the February 5, 2018 Regular meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. LICENSE AGREEMENT – License agreement for the use of alley for Open Air Market between the City of Michigan City, Indiana and Saint Stanislaus Roman Catholic Church at Franklin, East Ripley, Pine and Homer Streets from May 5, 2018 through October 27, 2018 from 6:00 a.m. – 2:00 p.m. Brother Shaun Gray, St. Stanislaus Church, 109 Ann Street addressed the Board requesting permission to have the Open Air Market; stating this will be their third year and it takes place in the parking lot across from the Parish; he is also requesting to close the 2 alleys on the property between 6:00 a.m. – 2:00 p.m. President Steve Janus explained since he is a member of the Parish, he is abstaining from the vote. Virginia Keating made the motion to approve the License Agreement and also the request for the closure of the alley for the Open Air Market between the City of Michigan City and St. Stanislaus Roman Catholic Church at Franklin, East Ripley, Pine and Homer Street from May 5, 2018 through October 27, 2018, 6:00 a.m. – 2:00 p.m. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). ABSTAIN: Janus (1) Motion Carries. REQUEST FOR STREET CLOSURE – John Sheets, representing the Michigan City Exchange Club and Barker Enrichment Center is requesting street closure of Barker Avenue between Wabash and Washington Street for a fundraising event on August 19, 2018 between 11:00 a.m. -11:00 p.m. John Sheets, Owner of Three Sheets Bar and Grill, and President of the Exchange Club, addressed the Board requesting the approval for street closure on August 19, 2018 from 11:00 a.m.-11:00 p.m. for a fundraiser; the closure is East of Wabash Street and West of Washington Street on Barker Avenue. Lt. Jeff Loniewski, M.C.P.D. Traffic Division, addressed the Board stating he has looked at this, and he has no objections; an off duty officer will be hired to provide security for the event; explaining he also contacted the LaPorte County EMS Director to make sure they didn’t have any issues with the closure; this is a direct route to the Hospital; they informed Lt. Loniewski they do not have any issues, they will find an alternative route; recommending approval. Discussion ensued between Corporate Counsel, Amber Lapaich and Mr. Sheets regarding the serving of alcohol on the streets; Mr. Sheets stating there will be alcohol on the streets, but it will be within the fence line of the event; no alcohol is allowed beyond that point. Corporate Counsel Amber Lapaich advised the City of Michigan City needs to be named as additional insured on the liquor liability policy if alcohol is being served. Vice-President Murphy made the motion to approve the request for street closure for John Sheets representing the Michigan City Exchange Club and Barker Enrichment Center at Barker Avenue between Wabash and Washington Street for a fundraising event on August 19, 2018 between 11:00 a.m. – 11:00 p.m. on the condition of the added insurance requirement. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Regular Meeting – February 20, 2018 Page 2 REQUEST FOR STREET CLOSURE – SES Environmental, Fort Wayne, Indiana is requesting access to West Warren Street right-of-way to install three groundwater monitor wells, within three weeks of approval between 9:00 a.m. – 5:00 p.m. Charles “Spike” Peller, City Engineer addressed the Board requesting approval for street closure for 1 day; recommending approval. Virginia Keating made the motion to approve the request for street closure for SES Environmental, Fort Wayne, Indiana to have access to West Warren Street right-of-way to install groundwater monitor wells between 9:00 a.m. -5:00 p.m. within three (3) weeks of the approval date of February 20, 2018. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CORRESPONDENCE– Correspondence received in Clerk’s Office from Shannon Eason, Park Department regarding the donation of a sculpture made by a M.C.H.S. student from the graduating class of 2017 (note: for information only) Corporate Counsel, Amber Lapaich addressed the Board stating last year the school appeared before the Board to see if the City was interested in accepting a donation of the sculpture; explaining it was referred to Planning, Engineering and the Public Art Committee to review the sculpture and make sure it was safe to display in a public area; advising that unfortunately there are several sharp edges; so they are looking at alternative’s for the sculpture. SERVICE AGREEMENT – Michigan City Fire Department 2018 Public Safety Medical Exam Service Agreement Fire Chief Randy Novak, M.C.F.D., addressed the Board stating this is for the yearly volunteer physicals that are done at the Michigan City Fire Department; same proposal as last year; they are focusing more on cancer testing this year. Vice President Murphy made the motion to approve the Michigan City Fire Department 2018 Public Safety Medical Exam Service Agreement. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CONTRACT – Contract by and between the City of Michigan City and SEH of Indiana, LLC. for professional engineering, surveying, and related services, effective January 1, 2018 Charles “Spike” Peller, City Engineer, addressed the Board stating this contract is for design and construction management of the safety upgrades for parks and schools; asking for approval. Virginia Keating made the motion to approve the contract between the City of Michigan City and SEH of Indiana, LLC. for professional engineering, surveying, and related services effective January 1, 2018 through December 31, 2018 at the rates as indicated on exhibit A-2. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SPECIAL PURCHASE – Fire Chief Randy Novak, is requesting to purchase one (1) 2018 F- 250 4X4 Super-cab pick-up truck for the Michigan City Fire Department through the State’s Qualified Purchase Agreement (QPA) process Fire Chief Randy Novak, M.C.F.D. addressed the Board stating this was approved in the budget; explaining he is replacing an older 1990’s vehicle that was used as a plow truck; advising they appropriated $40,000 for the new vehicle purchase; the new truck with the plow will cost $35,456.25 through the State’s QPA process; requesting permission to proceed. Corporate Counsel, Amber Lapaich addressed the Board advising that Chief Novak has provided his special purchasing letter to accompany his request. Vice-President Murphy made the motion to approve the special purchase through the State’s Qualified Purchase Agreement (QPA) process by Fire Chief Randy Novak; to purchase one (1) 2018 F-250 4X4 Super-cab pick-up truck for the Michigan City Fire Department. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. INDEPENDENT CONTRACT AGREEMENT – An agreement for the Management of the Farmer’s Market between the City of Michigan City, Indiana and Malakia Bergerson effective February 9, 2018 President Janus advised he will be abstaining from the vote. Abigal Thayer, City Events Coordinator addressed the Board stating she couldn’t be more excited to bring back the Michigan City Farmer’s Market at the original location on 8th and Washington Street; explaining that having the Farmer’s Market downtown is essential for the vitality of the Uptown Arts District; advising not only does it bring an influx of consumer’s to the downtown area each week, many of them will become repeat customers; this will also bring more business to the small businesses within the district. Regular Meeting – February 20, 2018 Page 3 Discussion ensued between President Janus and Ms. Thayer regarding if the City will be collecting the revenue; Ms. Thayer replied yes. Vice-President Murphy made the motion to approve the Independent Contract Agreement for the management of the Farmer’s Market between the City of Michigan City and Malakia Bergerson effective February 9, 2018. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). ABSTAIN: Janus (1) Motion Carries. REQUEST FOR APPROVAL OF DEMOLITION – Sue Downs, Code Enforcement Officer, is requesting approval to demolish a structure of City owned property located at 131 Edward Street Sue Downs, Code Enforcement Officer addressed the Board and is requesting approval to demolish the City owned property located at 131 Edward Street. Corporate Counsel, Amber Lapaich addressed the Board advising the Planning Department is requesting permission to demolish; and also requesting approval for the solicitation of bids, so that we can start the demolition process. Virginia Keating made the motion to approve the request to demolish the structure located at 131 Edward Street. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR SOLICITATION OF BIDS/APPROVAL OF BID PACKET – Sue Downs, Code Enforcement Officer, is requesting to solicit bids for demolition of 131 Edward Street, Michigan City, Indiana and approval of bid packet Sue Downs, Code Enforcement Officer addressed the Board requesting approval to solicit bids for 131 Edward Street. Virginia Keating made the motion to approve the request for solicitation of bids for the property located at 131 Edward Street to demolish the property along with approval of the bid packet. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR APPROVAL OF DEMOLITION – Sue Downs, Code Enforcement Officer, is requesting approval to demolish a structure of City owned property located at 908 Green Street Sue Downs, Code Enforcement Officer addressed the Board stating she is withdrawing the request; explaining this property is owned by Housing Opportunities; advising they are demolishing the structure and will have the School System build a house on the property. Corporate Counsel, Amber Lapaich advised no action is needed by the Board. CLAIMS AND PAYROLL Virginia Keating moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). 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 7 02/20/2018 Report not available at this time. 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 25 02/20/2018 $978,462.18 Regular Meeting – February 20, 2018 Page 4 1 of 3 02/20/2018 16,810.58 UNFINISHED BUSINESS 600 Block of Barker Avenue (Barker Pub) Skyler York, Assistant City Planner is still trying to get in touch with the owner of the establishment; no luck at this time. President Janus stated that we continue to have problems week in and week out with no resolution. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board advising they are trying to avoid a blanket parking restriction that would take away parking spaces for the business; it would make it difficult for the owners; explaining that is why the M.C.P.D is trying to work so hard with the business owner. Charles “Spike” Peller, City Engineer addressed the Board stating that he also trying to contact the owner and meet with him; he is recommending painting yellow curbs around the intersections; stating “no parking”. Discussion ensued between President Janus and Fire Chief Randy Novak regarding if a fire truck can fit through; Chief Novak explained it is an issue at different times; he is hoping the issue can be resolved. President Janus asked that this item be carried over until the next meeting. PUBLIC COMMENTS President Janus asked if there were any Public comments. * Discussion ensued between Councilman Don Przybylinski, 215 Gardena Street and Vice- President Murphy regarding the Farmer’s Market Management position and how much it pays; Mr. Murphy advised the position pays $600.00 per month for the 9 months that the Market is in operation, February 1, 2018- October 1, 2018; so the position would pay $5,400.00. Discussion continued with Councilman Don Przybylinski and Vice-President Murphy regarding where the $600.00 per month figure came from; Mr. Przybylinski asked if this is based on other Farmer’s Markets in the area or if it is just a figure someone came up with. Mr. Murphy advised it was based on how many hours it would require per week and also other Farmer’s Markets in the area. Malakia Bergerson, Manager Michigan City Farmer’s Market addressed the Board stating she works approximately 100-125 hours a month. * President Janus mentioned that the request for street closure at 1721 Lakeshore Drive - Dave Petersheim, Next Modular, Goshen, Indiana, to set a modular was approved and the new date is March 3, 2018 between 9:00 a.m.-5:00 p.m. Skyler York, Assistant City Planner addressed the Board regarding the new private vaults that were installed at Whisper Dunes Drive which is a public right-a-way; advising since it is not top coated yet, he has fear that putting too much weight on them could crush them. Charles “Spike” Peller, City Engineer, addressed the Board stating that Mr. Petersheim was notified that he cannot put the crane on the Whisper Dunes public right-a-way. Vice-President Murphy made the motion to approve the closing of 1721 Lakeshore Drive on the condition that there is a City Representative onsite ensuring the infrastructure is treated properly on March 3, 2018 between 9:00 a.m. – 5:00 p.m.. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. BOARD COMMENTS President Janus asked if there were any Board comments * Discussion ensued between President Janus and Vice-President Murphy regarding whether or not the City Website is up and running; Mr. Janus was referring to the site that allows citizens to go online and fill out requests for Board of Works meetings. Mr. Murphy advised that the Mayor, Andy Matanic (I.T.) and himself had a meeting discussing some items that had to be addressed prior to the website going live; explaining it is a process to go back and get the history of previous agenda’s and minutes; stating the effort is underway, and they do not expect to go live for a couple months. * Discussion ensued between President Janus and Corporate Counsel, Amber Lapaich regarding the equipment that was leased out to Kesha Pate when she was hired; and who is responsible to get that equipment back now that she is no longer working for the City. Counsel Lapaich advised she is Regular Meeting – February 20, 2018 Page 5 pretty sure it has been returned; under the lease agreement the obligation is when the lease ends, the equipment is returned to the City. ADJOURNMENT President Janus stated as there was no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:05 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk