City Council

REGULAR MEETING - FEBRUARY 6, 2001 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday Evening, February 6, 2001, at the hour of 7:30 p.m., local time, in the Common Council Chambers, located in the lower level of the City Hall Building, 100 East Michigan Boulevard, Michigan City, Indiana. The meeting was called to order at 7:30 p.m. by Council President Virginia Martin, who presided. The Pledge of Allegiance to the Flag and a short period of silent prayer were observed. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Evelyn D. Baker; Carolyn Harmon; Joseph LaRocco; Charles Lungren; Virginia R. Martin; Willie Milsap; Paul A. Przybylinski; Denzil D. Wilson and JoEileen Winski (9) ABSENT: None (0) A QUORUM WAS NOTED PRESENT. APPROVAL of MINUTES President Martin inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of January 16, 2001, and, there being no objections, declared the minutes approved as printed. REPORTS of STANDING, SPECIAL, or SELECT COMMITTEES Councilman LaRocco announced the next Tree Board meeting. Councilwoman Baker reported on the Solid Waste Board meeting. Councilman Lungren reported on the Commission on the Social Status of African-American Males. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS Mayor Brillson gave her State of the City address, accompanied by computer-generated graphics. (A copy of this address is on file in the Clerk’s office). PETITIONS There were no petitions. COMMUNICATIONS There were no communications. RESOLUTIONS The Clerk read by title only, there being no objections, RESOLUTION NO. 4085 RESOLUTION OF THE MICHIGAN CITY COMMON COUNCIL APPROVING LITIGATION INTENDED TO RECOVER CERTAIN COSTS AND EXPENSES FROM COOLSPRING TOWNSHIP WHEREAS, the Michigan City Department of Parks and Recreation Board (the “Park Board”) has reported that the Michigan City Department of Parks and Recreation was unable to complete its 1998-2000 facilities improvement program (funded by the Park District Board Issue) because of, among other reasons, major litigation expenses incurred Page 2 February 6, 2001 by said Department as a result of the filing of a lawsuit against the City of Michigan City by Coolspring Township and others in the LaPorte Circuit Court (the “lawsuit”), and WHEREAS, the Michigan City Park Board has reported that it was required to spend in excess of $50,000.00, for legal fees to defend itself at the trial court level and before the Indiana Court of Appeals, before it prevailed ill the lawsuit allowing the Sports Complex Project to go forward and WHEREAS, the Park Board has reported that the Indiana Court of Appeals found the claim made by Coolspring Township to be “specious”, that is, NOT GENUINE, and that as a result, the Park Board has concluded that the litigation filed against the City of Coolspring Township was essentially groundless, and WHEREAS, the Park Board has reported that its trial counsel has reviewed these circumstances, as well as the matters described hereafter and has advised the Park Board that it holds a sol id cause of action bac k against Coolspring Township to recover, in the manner described herein, the City's losses incurred because of said specious claim made by Coolspring Township, and WHEREAS, the Park Board has reported that the Mayor of Michigan City has been consulted in this matter and has approved a remedy for the harm that has occurred to the City because of the lawsuit and the actions of Coolspring Township, as described below, and WHEREAS, the Park Board is requesting the approval of this council to proceed with litigation against Coolspring Township to seek an indemnity and recovery of the total amount of attorney fees, costs and expenses incurred by the City in defending itself in the lawsuit; that said litigation be initiated forthwith by way of a request for Declaratory Judgment and that as a result of said Declaratory Judgment, said losses be recovered from Coolspring Township's allocation of the intergovernmental sharing of the Wagering Adjusted Gross Receipts Tax received from the Michigan City Blue Chip Casino. NOW THEREFORE, BE IT RESOLVED Section 1. That the matters and things recited in the preamble hereof are hereby adopted and made a part of this Resolution by incorporation and referenc e as if repeated in full. Section 2. That the Michigan City Com mon Council hereby approves the rem edy of litigation against Coolspring Township for the purpose of obtaining a Declaration Judgment in a form appropriate to permit a recovery of all costs and expenses incurred by the City in defending itself against the lawsuit filed by Coolspring Township, as described in the preamble above. Section 3. That as a result of its review of this matter, the Michigan City Common Council hereby declares that the Park Board may accept this Resolution as its comm itment going f orward that upon presentation to it of an appropriate form of Declaratory Judgment, entered by a Court of Competent jurisdiction, it will take such action as may be necessary to recover the amount of said prior costs and expenses, together with the costs and expense of the litigation hereby approved, from the unpaid allocation to Coolspring Township of the intergovernmental sharing of the Wagering Adjusted Gross Receipts Tax received from the Michigan City Blue Chip Casino, as allocated pursuant to Michigan City Common Council Ordinance No. 3672, adopted June 17, 1997. INTRODUCED BY: /s/ Joseph LaRocco Councilman LaRocco moved to adopt the Resolution, seconded by Councilwoman Baker. There ensued discussion among Council Members LaRocco, Lungren, Milsap, Przybylinski, Wilson, Winski, and Martin, Park Board Attorney Patrick Donoghue, Roland Biggs (Coolspring Township), Marlow Harmon (LaPorte County Commissioner), Park Board Member Joseph Doyle, Park Recreation Director Darrell Garbacik, and Ronald Miller (Radio Station WEFM). The motion carried and the Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS LaRocco, Martin, Milsap, Wilson, Baker, and Harmon (6). NAYS: COUNCIL MEMBERS Lungren, Przybylinski, and Winski (3). The Clerk read in its entirety, RESOLUTION NO. 4086 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA HONORING OFFICER DAVID BAKER WHEREAS, on the 11th day of November, 2000, Officer David Baker, while on routine patrol, smelled smoke in the area of Ohio and Wall Streets, and proceeded to investigate the cause of the smoke; and WHEREAS, Officer David Baker proceeded to 1312 Ohio Street, where he discovered the upstairs portion of the house engulfed in flames; and WHEREAS, Officer David Baker , without regard to his own safety, entered the burning home and awakened the two adults and two children inside and removed them from the burning home; and February 6,2001 Page 3 WHEREAS, with the assistance of another officer, Officer David Baker again risked his own life and reentered the home, breaking into the upstairs apartment which was fully engulfed in flames, to ensure that no ode else remained inside the home; and WHEREAS, as a result of the actions of Officer David Baker, the lives of the Hogan family were saved from such a tragic event; and WHEREAS, the Citizens of Michigan City, Indiana take great pride and honor in your effort and courage in risking your own life that went above and beyond the call of duty. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Michigan City, Indiana, Mayor Sheila Brillson, and the citizens of Michigan City, Indiana, congratulate Officer David Baker for his bravery and unselfish devotion to duty. INTRODUCED BY: /s/ JoEileen Winski And co-sponsored by: All other Council Members Councilwoman Winski moved to adopt the Resolution, seconded by Councilman Wilson. The motion carried and the Resolution was adopted as follows: AYES: COUNCIL MEMBERS Lungren, Martin, Milsap, Przybylinski, Wilson, Winski, Baker, Harmon, and LaRocco (9). NAYS: None (0). The Clerk read in its entirety, RESOLUTION NO. 4087 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA HONORING FIREFIGHTERS LARRY BUTCHER, HOWARD FULLER TODD MAJOT, BRUCE NEULIEB AND ANTHONY DRZEWIECKI WHEREAS, on the 5th day of August, 2000, Delores Baker, a patron at Blue Chill) Casino, collapsed and fel l to the floor; and WHEREAS, Firefighters Larry Butcher, Howard Fuller, Todd Majot, Bruce Neulieb and Tony Drzewiecki responded to an emergency call from Blue Chip Casino, wherein Delores Baker was found unresponsive and in full cardiac arrest; and WHEREAS, as a result of the rapid response time and life-saving actions taken by Firefighters Larry Butcher, Howard Fuller, Todd Majot, Bruce Neulieb, Tony Drzewiecki along with other EMS personnel, Delores Baker was revived, transported to the hospital, and has recovered quite well from her heart attack; and WHEREAS, the Citizens of Michigan City, Indiana take great pride and honor in your professionalism, devotion to duty, and steadfast service that saved the life of Delores Baker. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Michigan City, Indiana, the Administration of the City of Michigan City, Indiana, along with the Citizens congratulate Firefighters Larry Butcher, Howard Full er, Todd Majot, Bruce Neulieb and Tony Drzewiecki for their bravery, dedication to duty and immediate life-saving actions. INTRODUCED: /s/ JoEileen Winski And co-sponsored by: All other Council Members Councilwoman Winski moved to adopt the Resolution, seconded by Council Members Wilson and Przybylinski. There was discussion by Council Members Winski, Milsap, and Przybylinski and Emergency Management Director Don Siddall. Several of the honorees were present to accept the commendation. The motion carried and the Resolution was adopted as follows: AYES: COUNCIL MEMBERS Martin, Milsap, Przybylinski, Wilson, Winski, Baker, Harmon, LaRocco, and Lungren (9). NAYS: None (0). The Clerk read by title only, there being no objections, RESOLUTION NO. 4083 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA WHEREAS, individuals and businesses in LaPorte County are dependent upon Federal reimbursem ent for heal th care, along with ever-expanding economic and social funding decisions; and Page 4 February 6, 2001 WHEREAS, the Office of Management and Budgetary Affairs ("OMB") has new standards and, with the 2000 Census Data, LaPorte County (which has a population of 109,000) would be classified as a “micropolitan area;” and WHEREAS, under the same OMB standards, Newton County, a rural County with only 14,000 people would be added to the Lake and Porter County Core Based Statistical Area (“CBSA”) Metropolitan Division, which would now reclassify Newton County as a metropolitan community; and WHEREAS, LaPorte County, with a population nearl y eight times larger than Newton County, would be designated as a micropolitan community and excluded from 78% of the nation's population located in metropolitan areas. WHEREAS, the highways of LaPorte County provide a vital artery from the Eastern United States to the Chicagoland metropolitan area for automobiles, trucks and commerce; and WHEREAS, metropolitan status for the County of LaPorte would continue to provide the necessary funding to maintain these highways and roads of LaPorte County that provide such a crucial link, between the Eastern United States and the Chicagoland metropolitan area; WHEREAS, according to the 1990 figures of the OMB and the United States Census. Bureau, 93% of the counties with a population over 100,000 are considered a “metropolitan area;” and WHEREAS, the Chicagoland region which includes the Indiana Counties of Lake, Porter and the neighboring County of LaPorte, is part of the third largest region in the United States; and WHEREAS, the Citizens of LaPorte County depend primarily on four m ajor television networks, countless radio stations and newspapers in the Chicagoland area for their primary source of news, entertainment and weather; and WHEREAS, the fact that LaPorte County Residents for decades have used the South Shore Railroad to comm ute from LaPorte County to the metropolitan area of Chicago for work, entertainment and! travel demonstrates a close link between LaPorte County, the City of Chicago and its neighbors; and WHEREAS, in recent decades, Chicagoland residents have made LaPorte County as their primary and/or secondary home illustrating the close connection between LaPorte County and the Chicagoland area; and WHEREAS, LaPorte County is the only County which is not being considered as a metropolitan area extending across a four-state radius surrounding Southern Lake Michigan; and WHEREAS, according to the above figures and facts, LaPorte County should be considered a metropolitan area; and WHEREAS, it is the judgment of the Com mon Council that such an exclusion of LaPorte County as a metropolitan area woul d have adverse consequences on business development, investment, including econom ic activity of the cities and towns of LaPorte County along with safety issues, wages and salaries, consumer expenditures, labor-market comparisons; quality of life rankings, and health care reimbursements, as well as Federal transportation funding and consideration as a primary population center in the United States; and WHEREAS, a broad coalition of governmental units, businesses and concerned citizens support the classification of LaPorte County as a “m etropolitan ar ea.” NOW, THEREFORE, BE IT RESOLVED, by the Michigan City Common Council that we are in agreement and united with the Board of Commissioners of LaPorte County, and hereby state that we are fully and firmly opposed to the proposed classification by the OMB and the United States Census Bureau as a “micropolitan area;” and BE IT FURTHER RESOLVED, that we strongly urge the OMB and the United States Census Bureau to consider classifying LaPorte County as a metropolitan area. BE IT FURTHER RESOLVED, that in our judgment, metropolitan status is the correct and appropriate classification to be given to LaPorte County in light of the above considerations; BE IT FURTHER RESOLVED, that micropolitan status would, in all likelihood, result in further lost revenues for healthcare as well as numerous other economic and social organizations which would have otherwise been received if LaPorte County was correctly identified as a metropolitan area; and BE IT FURTHER RESOLVED, that in order for LaPorte County to be competitive in the 21st Century, classifying LaPorte County as a metropolitan area is critical; and BE IT FURTHER RESOLVED by the Michigan City Com mon Council along with the Citizens of Michigan City, that we will take a strong stand and concerted effort in any attempt by the OMB and the United States Census Bureau to classify LaPorte County as anything other than a metropolitan area. INTRODUCED BY: /s/ JoEileen Winski Councilwoman Winski moved to adopt the Resolution, seconded by Councilman Wilson. Following discussion by Council Members Winski and Przybylinski, County Commissioner Marlow Harmon, and County Planner Robert Neary, the motion carried and the Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS Milsap, Przybylinski, Wilson, Winski, Baker, Harmon, LaRocco, Lungren, and Martin (9). NAYS: None (0). February 6,2001 Page 5 ORDINANCES The Clerk read on first reading by title only, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AMENDING ORDINANCE NO. 2887 TO INCLUDE SIDEWALK SNOW REMOVAL, introduced by Joseph LaRocco. Councilman LaRocco requested suspension of the rules to allow amendments on third reading. There were no objections. Councilman Lungren requested that his name be added as Co-sponsor. Councilman LaRocco agreed. Following discussion among Council Members Wilson, LaRocco, and Baker, the Ordinance was laid over for second reading. The Clerk read by title only on first reading, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AMENDING ORDINANCE NO. 2736 TO INCLUDE CELLULAR TOWERS AND ANTENNA, introduced by Joseph LaRocco. Councilman LaRocco requested suspension of the rules to allow amendments on third reading. There were no objections. There being no further discussion, the Ordinance was laid over for second reading. The Clerk read on first reading by title only, AN ORDINANCE ESTABLISHING SALARIES FOR THE POLICE DEPARTMENT FOR THE CALENDAR YEARS 2001, 2002, 2003 AND 2004 IN MICHIGAN CITY, INDIANA AND AMENDING ORDINANCE NO. 3725, introduced by Denzil Wilson. Councilman Wilson requested suspension of the rules to allow all three readings at this meeting. Councilman Przybylinski objected. Councilman Wilson made an author’s amendment to add at the end of Section 3: “and Chapters 70-103, -104, and -105 of the City Code are hereby repealed.” The Ordinance was laid over for second reading. The Clerk read by title only on first reading, AN ORDINANCE AMENDING THE 2001 SALARY ORDER, ORDINANCE NO. 3817, FOR APPOINT ED OFFICIALS OF THE CITY OF MICHIGAN CIT Y, INDIANA, introduced by Joseph LaRocco. There was no discussion and the Ordinance was laid over for second reading. The Clerk read on second reading by title only, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA TO REGULATE HORSE-DRAWN CARRIAGES, introduced by Virginia Martin. Councilman Milsap moved to table the Ordinance indefinitely until a workshop can be held. Councilman Wilson seconded the motion, which carried as follows: AYES: COUNCIL MEMBERS Baker, Harmon, LaRocco, Lungren, Martin, Milsap, Przybylinski, Wilson, and Winski (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, ORDINANCE NO. 3826 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF M ICHIG AN CIT Y, INDIANA. TREE ORDINANCE NOTE: This ordinance supersedes all previous ordinances regarding trees, shrubs and other plants on City-owned property. WHEREAS, the need exists to regulate trees on city property to ensure the safety of the citizens of the city; and WHEREAS, the need exists to regulate trees within the right-of-way lines of all City streets and alleys to protect the public health and safety of all citizens traveling on City streets and alleys; and WHEREAS, the need exists to protect trees from disease spread from tree to tree to maintain the health of public trees and private trees; and WHEREAS, it is the purpose of this Ordinance to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, planning and removal of trees, shrubs and other plants within the City of Michigan City, Indiana; and, WHEREAS, this Ordinance shall be construed so as to promote the planting, planning, maintenance, restoration and survival of desirable trees, shrubs and other plants within the City of Michigan City, Indiana, and to protect the Page 6 February 6, 2001 comm unity residents from damage c aused or threatened by the improper planting, m aintenance or r emoval of trees, shrubs or other pl ants located within the com munity. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Michigan City, Indiana as foll ows: Section 1. Definitions City Owned Property and Public Property: Property within the City limits of the City of Michigan City, Indiana owned by the City in fee simple absolute or impliedly or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traf fic or for publ ic access or easem ents. Park Trees: Park trees are herein defined as trees, shrubs, bushes and all other woody vegetation located in public parks having individual names, located in all areas owned by the City in all City rights- of-way or easements, or to which the publ ic has free access as a park. Property Owner: The record owner or contract purchaser of any parcel of land within the City of Michigan City, Indiana. Street Trees: Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation located on City land on either side of all streets, avenues, alleys, or ways within the city, and those trees within the right of way of any City street, alley or easement of the City. Trees, Shrubs, and Other Plants: All vegetation, woody or otherwise, except lawn grass and flowers less than 24 inches in height. Section 2. Creation an d Establishment o f a City Tree Board There is hereby created and established a City Tree Board for the City of Michigan C ity, Indiana, which shall consist of seven (7) members. The Vector Control Officer and one member of the Com mon Council selected by the Council President, shall be members of the City Tree Board. The remaining five (5) members shall be appointed by the mayor with the advice and consent of the Common Council. Further, four (4) members of the seven (7) member City Tree Board shall be residents of Michigan City, and two (2) members of the seven (7) member City Tree Board shal l possess a Degree in Forestry or Horticulture or Landscape Architect or be a Certified Arborist or shall be a full-time professional in the tree care industry with a minimum of five (5) years experience. Section 3. Term o f Office The term of the five persons to be appointed by the mayor to the City Tree Board shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. The Vector Control Officer and the Common Council member shall serve during the respective terms of office. Section 4. Duties and Responsibili ties It shall be the responsibility of the Board to study, investigate, counsel, develop and update annually, and adm inister, a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets or alleys and in other public areas. Such plan will be presented to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Michigan City, Indiana. The Board, when requested by the City Council, the Board of Public Works and Safety, or the Mayor, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its authority as detailed in this Ordinance. The Board shall further establish educational and informational programs, pam phlets and l iterature for dissemination to the public to assist the public in the proper care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs within private property ownership of the citizens of the City of Michigan City, Indiana. Section 5. Operation The Board shall schedule its meetings, choose its own officers, make its own rules and regulations, and keep a journal and minutes of its proceedings. A m ajority of the members shall be a quorum for the transaction of business. Section 6. Tree Sp ecies to be Planted The City Tree Board shall develop and maintain a list of all owable trees for planting along streets in three size classes based on mature height: small (under 20 feet), medium (20 to 40 feet) and large (over 40 feet). Lists of trees prohibited for planting will also be created by the Tree Board. (see Section 23) Section 7. Spacing Based upon the size cl asses listed in Section 6 of this ordinance, no trees may be planted closer together than the following: small trees, 20 feet; medium trees, 30 feet; and large trees, 40 feet, without the approval and concurrence of the City Tree Board. Section 8. Distance from Curb and Sidewalk Based upon the size cl asses listed in Section 6 of this ordinance, no trees m ay be planted cl oser to any curb or sidewalk than the fol lowing: sm all trees, 4 feet; medium trees, 5 feet; and large trees, 6 feet without the approval and concurrence of the City Tree Board. February 6,2001 Page 7 Section 9. Distance from Street Corners and Fire Hydrants No street tree shall be planted within 35 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shal l be planted within 10 feet of any fire hydrant. Section 10. Utiliti es No street trees other than those species listed as smal l trees in Section 23 of this ordinance may be planted under or within 10 horiz ontal feet of any overhead util ity wire or within 5 l ateral feet of any underground utility. Section 11. Publ ic Tree Care The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way lines of all streets, al leys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the sym metry and beauty of such public grounds. The City Tree Board may recommend, order or cause the removal of any City tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, el ectric power l ines, gas lines, water lines, or other public improvem ents, or is infected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 6 through 10 of this ordinance. Further, this section does not expand or create any additional responsibility or liability to the City of Michigan City, Indiana, other than that as already established by the Statutory or Common Law of the State of Indiana in relation to trees within the right-of-way line of any City street. Section 12. Tree Topping It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs randomly along the branch without regard for axillary branch location or size. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this ordinance at the determination of the City Tree Board. Section 13. Pruni ng, Corner Clearance Any tree overhanging any street or right-of-way within the City shall be pruned so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or sign and so that there shall be a clear space of thirteen feet (13') above street surface or eight feet (8') above the sidewalk surfac e. All dead, diseased or danger ous City trees, or broken or decayed limbs on or over City property which constitutes a menace to the safety of the public, shall be removed. The City shall have the right to properly prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the utility company and City Tree Board prior to any trimming by the utility com pany. A. Notice to Prune Should any person or persons owning real property bordering on any street fail to prune trees as herein-above provided, the Office of the Tree Board, or otherwise designated municipal authority, shall order such person(s) within three (3) days after receipt of written notice, to so prune such trees. B. Order Required The order required herein shall be served by mailing a copy of the order to the last known address of the property owner by certified mail. C. Failure to Comply When a person to whom a order is directed shall fail to comply within the specified time, it shall be lawful for the municipality to prune such trees, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments. Section 14. Removal of Stumps All stumps of City trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Section 15. Interference w ith City Tree Board It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, planning, cultivating, mulching, pruning, spraying or removing of any City trees or trees on private grounds, as authorized in this Ordinance. Section 16. Arborists License and Bond It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing private and/or public trees without first applying for and procuring a license. The license fee shall be $25 annually in advance to be deposited in the Board of Works General Non-Reverting Fund; provided, however, that no license shall be required of any public service company including electric utilities and their agents and contractors or City employees doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $300,000 for bodily injury and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. In order to chemically treat private and/or public trees, any person or firm must show proof of State Chemical Application Certification before a City Arborists License will be granted. Section 17. Review by Board of Public Works and Safety Page 8 February 6, 2001 Any person may appeal from any ruling or order of the City Tree Board to the Board of Public Works and Safety, who shall hear the matter and make a final determination of the issue. Any appeal shall be initiated by filing a written request with the Board of Public Works and Safety requesting a review hearing of the City Tree Board's conduct, act or decision. Section 18. Publ ic Nuisances A. The following are hereby declared public nuisances under this ordinance: 1. Any dead or dying tree, shrub or other plant located on or over City-owned property. 2. Any otherwise health y tree, shrub or other plant located on or over City-owned property which harbors insects or diseases which reasonably may be expected to injure or harm any other tree, shrub or other plant. 3. Any tree, shrub or other plant or portion thereof located on or over City-owned property which, by reason of location or condition, constitutes an eminent danger to the health, safety, or welfare of the general public. 4. Any tree, shrub or other plant or portion thereof located on or over City-owned proper ty which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street light, traffic control device or sign. 5. Any tree, shrub or other plant or portion thereof located on or over City-owned property which dangerously obstructs the view in the "visibility triangle" as determined by the City Engineer at any intersection. B. Right to Inspect: Members of the City Tree Board and employees of the City and their agents and/or officers, with written permission and rel ease of the owner of said property, have the authority to enter onto private propertywhereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance under this Ordinance. A written permission form will be prepared and provided by the City Attorney. C. Abatement 1. Any public nuisance under this Ordinance which is located on public or privately owned property shall be pruned, removed, or otherwise treated in whatever fashion is required to cause the abatement of the nuisance within a reasonable tim e after its discovery by the City of Michigan City, Indiana or its agents, officers or employees, all at the direction of the City Tree Board. 2. The City Tree Board is empowered to request and/or cause the im mediate abatement of any public nuisance on public right-of-ways provided that the nuisance is determined by the City Tree Board to be an immediate threat to any person or property. The City Tree Board may utilize officers, agents and employees of the City to effect an imm ediate abatement of any imminent threat to person or property. 3. The City Tree Board is further empowered to seek from any Court of competent jurisdiction an order directing immediate abatement of any public nuisance under this Ordinance. Section 19. Permits Required D. Planting, Maintenance and Removal 1. No person shall plant, spray, fertilize, preserve, prune, remove, cut above or below ground, or otherwise disturb any tree on any street or municipal owned property without first filing an application and procuring a permit from the designated municipal authority. The person receiving the permit shall abide by the Arboriculture Specifications and Standards of Practice adopted by the Urban Forest Management Plan, including the American National Standards Institute (or “ANSI”) A300. 2. Application for a permit must be made at the office of the designated municipal authority not less than forty-eight (48) hours in advance of the time the work is to be done. 3. Standards of Issuance. The office of the designated municipal authority shall issue the permit provided for herein if, in his/her judgment, the prop osed work is desirable and the proposed method and workm anship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time al lowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated. 4. Notice of completion shall be given within five (5) days to the office of the designated municipal authority for his inspection. E. Planting 1. Application Data. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the designated municipal authority shall make reasonabl y necessary to a fair determination of whether a permit should be issued. 2. Improper Planting. Whenever any tree is planted or set out in conflict with the provisions of this section, it shall be lawful for the Tree Board or designated municipal authority to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of assessments. February 6,2001 Page 9 C. Maintenance 1. Application Data. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; and such other inform ation as the office of the designated m unicipal authority, shall find reasonably necessary to a fair determination of whether a permit should be issued. D Removal, Replanting, and Replacement 1. Wher ever it is necessary to remove a tree or trees from a treelawn in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them. Provided the conditions prevent planting on treelawns, this requirement will be satisfied if any equivalent number of trees of the same size and species, as provided for in the Arboric ultural Specifications, are planted in an attractive manner on the adjoining property or other designated m unicipal property. 2. No person or property owner shall remove a tree from the treelawn for the purpose of construction or for any other reason without first filing an application and procuring a permit from the office of the designated municipal authority, and without replacing the removed tree or trees in accordance with the adopted Arboricultural Specification. Such replacements shall meet the standards of size, species, and placement as provided for in a permit issued by the designated municipal authority. The person or property owner shall bear the cost of removal and replacement of all trees removed. Section 20. Abuse or Mutilation of Public T rees Unless specifically authorized by the office of the Tree Board, or otherwise designated municipal authority, no person shall intentionally damage, cut, carve, transplant, or remove any municipal tree; attach any rope, wire, nails, advertising poster, or together contrivance to any tree, allow any gaseous liquid, or solid substance which is harmful to such trees to com e in contact with them ; or set f ire to or perm it any fire to burn when such fire or the heat thereof will injure any portion of any tree including the root zone. Section 21. Protection of T rees All trees on any street or other publicly owned property near any excavation or construction of any building, structure, or street work, shall be guarded with a good substantial fence, frame, or box not less than four (4) feet high and eight (8) feet square, or at a distance in feet from the tree equal to the diameter, at breast height, of the trunk in inches, whichever is greater. All building material, dirt, or other debris shall be kept outside the barrier. No person shal l excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet f rom any publ ic tree without first obtaining a written permit from the office of the Tree Board or otherwise designated municipal authority. Section 22. Placing Materials on Public Property No person shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except by written permit by the office of the Tree Board or otherwise designated m unicipal authority. Section 23. Tree List Accepted Street Tree List (Larg e Trees) Scientific Name Common Name Recommended Cultivars Acer nigrum Black Maple Acer rubrum Red Maple “Autumn Flame” “Northwood” “Morgan” “Red Sunset/Frank’s Red” Acer saccharum* Sugar Maple “Green Mountain” “Legacy” Celtis occidentalis Hackberry Fagus grandf olia American Beech Fagus sylvatica European Beech Fraxinus Americana White Ash “Autumn Applause” “Autumn Purple” Fraxinus pennsylvanica Green Ash “Marshall Seedl ess” “Patmore” “Summ it” Fraxinus quadrangulata Blue Ash Ginkgo bilboa Ginkgo PLANT MALES ONLY Gleditsia triacanthos Thornless “Green Glory” Podless Honeylocust “Shademaster” Gymnocladus dioica Kentucky Coffee Tree Plantanus x acerfol ia London Planetree Larix sp. Tamart, Larch Plantus occidental is Sycamore Quercus bicolor White Oak Quercus imbricaria Shingle Oak Quercus kelloggii Black Oak Quercus macrocarpa Bur Oak Page 10 February 6, 2001 Quercus rubra Northern Red Oak Taxoduim distichum Baldcypress Zelkova serrata Zelkova *Sugar Maples are native, hardy species but are susceptible to road salt injury. Take care not to plant where excessive salt will affect the tree’s root zone. Accepted Street Tree List (Med ium Trees) Scientific Name Common Name Recommended Cultivars Acer campestre Hedge Maple Acer plantanoides Norway Maple “Crimsom King” “Deborah” “Schwedleri” Acer psuedoplantus Sycamore Maple Betula nigra River Birch Betula platyphylla japonica Whitespire Birch “Bores Resistant” Gleditisia triacanthos var. inermis Thornless Honeylocust “Imperial” “Skyline” “True Shade” “Sunburst” Nyssa sylvatica Black Gum Accepted Street Tree List (Small Trees) Scientific Name Common Name Recommended Cultivars Acer ginnala Amur Maple Acer palmatum Japanese Maple Amel anchier canadensis Shadowblow Serviceberry Amelanchier x grandiflora Apple Serviceberry Hybrids “Autumn Brilliance” “Princess Diana” Amerlanchier laevis Allegheny Serviceberry Cercis canadensis Eastern Redbud Cornus florida* Flowering Dogwood (susceptible to anthacnose Disease) Cornus kousa chinensis* Kousa Dogwood Crataegus crusgalli var. interm is Thornless Cockspur Hawthorn Crataegus phaenpyrum Washington Hawthorn Crataegus virdis Winter King Green Hawthorn Magnolia stellata Royal Star Magnolia Magnolia x soulangiana Saucer Magnolia Malus sp. Flowering Crabapple (choose disease resistant Varieties)** Pyrus calleryana Ornamental Pear “Aristorcrat” “Chanticleer” “Redspire” Syringa reticulata Japanese Tree Lilac “Ivory Silk” *Dogwood recommended to be planted in areas that have good air flow and sunshine. **Red Jewel, Spring Snow, Snowdrift, Sumi Calocarpa, Sugar Tyme, Harvest Gold, Centurion, Prairie Fire are good Crabapples. Choose cultivars which are disease resistant and with a suit able form. Undesirable Street T ree List Scientific Name Common Name Problems Abies sp. Fir Visibility obstruction Acer negundo Boxelder Weak wood, poor form, Invasive seed Acer sacharrinum Silver Maple weak wood, poor form, Ailanthus altissima Tree of Heaven Invasive seed, weak wood Betula papyrifera White Paper Birch borer insects, poor survival Catalpa speciosa Catalpa Messy fruit Diospyros virginiana Persimmon Messy fruit Elaeagnus angustifolia Russian Olive Disease prone Juglans sp. Walnut, Butternut Messy fruit, alleotrophy Juniperus sp. Juniper Visibility obstruction Liriodendron tulipifera Tulip Tree Weak wood Malus sp. (unimproved varieties) Common Crabapple Messy fruit, disease problems Maclura pomifera Osage Orange Messy fruit Morus sp. Mulberry Trees Messy fruit Picea sp. Spruce Visibility obstruction Pinus sp. Pine Visibility obstruction, disease prone Populus deltoids Common Cottonwood Weak wood, messy seed Populus sp. Lombardy Poplar Weak wood, cranker disease Aspen Weak wood Prunus sp. Common Cherry, Black, Choke Cherry Messy fruit, in sect problems Robinia psuedoacacia Black Locust Shallow rooted, borer insects February 6,2001 Page 11 cankers Salix sp. Willow Weak wood, messy Sorbus sp. Mountain Ash Thrives poorly Thuja sp. Arborvitae Visibility obstruction Tsuga Canadensis Canadian Hemlock Visibility obstruction Ulmus Americana American Elm Disease problems Ulmus rubra Red, Slippery Elm Disease problems Ulmus pumila Siberian Elm Disease problem s, messy Section 24. Legality of Ordinance and Parts Thereof Should any section, clause, or provisions of this Ordinance be declared bythe Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or parts thereof, other than the part so declared to be invalid. INTRODUCED BY: /s/ Joseph LaRocco Councilman LaRocco moved to adopt the Ordinance, seconded by Councilman Winski. The motion carried and the Ordinance was adopted by the following vote: AYES: COUNCIL MEMBERS Wilson, Winski, Baker, Harmon, LaRocco, Lungren, Martin, Milsap, and Przybylinski (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, ORDINANCE NO. 3827 AN ORDINANCE OF THE COMMON COUNCIL RECOGNIZING THE INTERNATIONAL UNION OF OPERATING ENGINEERS AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR THE CENTRAL MAINTENANCE DEPARTMENT WHEREAS, the Common Council recognizes the International Union of Operating Engineers Local 150, as the exclusive bargaining agent for the City's Central Maintenance Department employees, within such limits and to the extent authorized by the laws of the State; and WHEREAS, notwithstanding the provisions of the section above, the Common Council's recognition of the referenced collective bargaining unit shall not be deemed until such time as the Common Council approves it in writing; and WHEREAS, terms of the collective bargaining agreem ent shall govern the working relationship of the parties; and WHEREAS, the Board of Public Works and Safety shall bargain on behalf of the City, with the assistance and cooperation of the Council's Labor Relations Committee. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that the Common Council recognizes the International Union of Operating Engineers Local 150, as the exclusive bargaining representative for the Central Maintenance Department. The Superintendent and the Secretary shall be excluded from the bargaining entity. This Ordinance shall be in full force and eff ect from and after its adoption by the Comm on Council and its approval by the Mayor. INTRODUCED BY: /s/ JoEileen Winski /s/ Paul Przybylinski Councilwoman Winski moved to adopt the Ordinance, seconded by Council Members Przybylinski and Milsap. The motion carried and the Ordinance was adopted as follows: AYES: COUNCIL MEMBERS Winski, Baker, Harmon, LaRocco, Lungren, Martin, Milsap, Przybylinski, and Wilson (9). NAYS: None (0). UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Appointments: Commission on the Social Status of African-American Males (1 year terms - expired 2-1-01) Human Rights Commission Incumbents: Steve Sanders Minority Health Coalition Willie Lee Page 12 February 6, 2001 Swanson Center Willie Milsap Ministerial Association Rev. David Swarn Welfare to W ork Program Michael McDonald Common Council Chuck Lungren Councilwoman Winski moved to retain the same members. Councilman Wilson seconded the motion, which carried unanimously without roll call. Community Enrichment Corporation (3 year term - expires 2-15-01) Incumbent: Beth Nieman Councilman Wilson moved to reappoint Ms. Nieman. The motion, seconded by Councilwoman Baker, again carried unanimously. President Martin scheduled a workshop for 6:00 p.m., February 20, 2001, for the purpose of discussing the Ordinance regarding horse-drawn carriages. COMMENTS BY THE COUNCIL Councilman LaRocco requested City Attorney Larry Allen to look into why the City of Michigan City does not have an appointment to the Library Board. Councilman Przybylinski said he was unhappy that department heads did not stay until the end of the meeting. He was concerned with the newspaper article about crime statistics. President Martin requested the Clerk’s office to write Chief Simmons and ask him to attend the next meeting. Councilman Przybylinski also spoke concerning the park funding for neighborhood parks and the proposed suit against Coolspring Township. COMMENTS BY THE PUBLIC Ed Kogen (Business Representative, Operating Engineers, Local 150) thanked the Council for the Ordinance just adopted. ADJOURNMENT There being no further business to transact and on motion by Councilman LaRocco, seconded by Councilman Wilson, President Martin declared the meeting ADJOURNED (approximately 9:40 p.m.). Thomas F. Fedder, City Clerk