City Council

REGULAR MEETING - SEPTEMBER 4, 2001 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday Evening, September 4, 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 August 21, 2001, and, there being no objections, declared the minutes approved as printed. REPORTS of STANDING, SPECIAL, or SELECT COMMITTEES Councilman LaRocco announced a public hearing concerning the Zoo, to be held at the Park Office at 6:00 p.m. on Thursday. REPORTS OF OTHER CITY OFFICERS and DEPARTMENTS There were no reports. PETITIONS There were no petitions. COMMUNICATIONS There were no communications. RESOLUTIONS The Clerk read in its entirety, at the request of Councilman Lungren, RESOLUTION NO. 4111 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA SUPPORTING THE GARY REGIONAL AIRPORT WH EREA S, the lifeblood of any community is based on its ability to attract new business, to assist existing business in expansion and development, and to foster job creation; and WHE REAS , the Michigan City Comm on Council further believes that a greater distribution network for goods, services , and peo ple within N orthwes t Indiana w ill be created by the imp rovem ents to the Gary Re gional Airpo rt, thereby creating additional jobs, opportunities and economic revitalization within all surrounding Northwest Indiana communities; and WHEREA S, the Com mo n Co unc il believ es th at the imp rove me nts to the R egion al Airp ort in G ary will n ot on ly improve the immediate area, but will benefit all of Northwest Indiana, including Michigan City; and WHE REAS , becau se of the potential gro wth and job oppo rtunities for N orthwes t Indiana, the Michiga n City Comm on Council supports improvements to the Regional Airport located in Gary, Indiana. NOW, THEREFORE, BE IT RESOLVED , that the Comm on Council of the City of Michigan City, Indiana suppo rts the im provem ents to the Gary, Indian a Reg ional Airpor t with optim ism tha t such im provem ents will crea te Page 2 September 4, 2001 jobs, growth, and overall improvement to the entire Northwest Indiana area. Intro duc ed by: /s/ Charles Lungren Councilman Lungren moved to adopt the Resolution, seconded by Councilwoman Winski. There was discussion among Council Members Przybylinski, Lungren, and Winski and James Kintzele, 1820 East Michigan Boulevard. The motion carried and the Resolution was adopted as follows: AYES: COUNCIL MEMBERS Wilson, Winski, Baker, Harmon, LaRocco, Lungren, Martin, Milsap, and Przybylinski (9). NAYS: None (0). Councilwoman Winski requested a copy of the Resolution be sent to the Mayor of Gary. The Clerk read by title only, there being no objections, RESO LUT ION N O. 4112 A RESOLUTION FOR INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE BOARD OF PUBLIC WORKS AND SAFETY, IN GENERAL FUND #0101, FOR THE YEAR 2001, IN MICHIGAN CITY, INDIANA WH EREAS, there exist certain circumstances within the budget of the Board of Public Works and Safety of Michigan City which require the increasing and decreasing of appropriations for the year 2001. Section 1. It is deemed advisable and necessary, in order to meet the circumstances facing said Board of Public Works and Safety of the City, that the Comm on Council make the following transfer of appropriations, as listed, to-wit: GENERAL FUN D #0101 Board of Public W orks a nd Safe ty DECREASE: GENERAL FUN D #0101 Unappropriated $245,462.35 INCREASE: A/C #0101 075-30000.913 Settlement Fire Loss $245,462.35 Section 2. This Resolution shall be in full force and effect after passage and approva l by the Mayor. INTR ODU CED BY: /s/ JoEileen Winski Councilwoman Winski moved to adopt the Resolution, seconded by Councilman Wilson. Controller Charles Oberlie responded to questioning by Councilman Przybylinski. The motion carried and the Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS Przybylinski, Wilson, Winski, Baker, Harmon, LaRocco, Lungren, Martin, and Milsap (9). NAYS: None (0). ORDINANCES The Clerk read on second reading by title only, AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE CITY CLERK, MAYOR AND ALL COMMON COUNCIL MEMBERS, introduced by Virginia Martin. Comments were received from Roger Willoughby, 401 East Seventh Street, and Paul Lisak, 130 Wintergreen, as well as Councilman Przybylinski. The Ordinance was laid over for third reading. The Clerk read by title only on second reading, AN ORDINANCE SETTING SALARIES FOR APPOINTED OFFICIALS AND EMPLOYEES OF CITY OF MICHIGAN CITY, INDIANA FOR THE YEAR 2002, introduced by Virginia Martin. President Martin made an author’s amendment to change the Golf Assistant to $23,500.00 and the Golf Mechanic to $12.04/hr. September 4, 2001 Page 3 Councilman Przybylinski requested suspension of the rules to allow Council Members to talk on this Ordinance more than twice. Councilman Wilson objected. Councilman Przybylinski moved to amend the Ordinance to keep the Zoning Administrator at the 2001 rate - $30,351.62. The motion died for lack of a second. Roger Willoughby, 401 East Seventh Street, spoke on this Ordinance. The Ordinance was then laid over for third reading. The Clerk read on second reading by title only, ORDINANCE FOR APPROPRIATIONS AND TAX RATES, introduced by Virginia Martin. President Martin said the time limit for members of the public speaking on this Ordinance would be three (3) minutes. Mr. Przybylinski challenged this decision. On roll call, the Council called for no time limits by the following vote: AYES: COUNCIL MEMBERS Winski, Baker, Harmon, LaRocco, Lungren, Milsap, Przybylinski, and Wilson (8). NAYS: COUNCIL MEMBER Martin (1). Councilwoman Winski moved an amendment as follows: Delete under Riverboat Fund Line Item 40000.313 - Neighborhoods of Choice $500,000.00 Councilman Przybylinski seconded the motion. There was discussion of the amendment among Council Members Winski, Przybylinski, Lungren, LaRocco, and Wilson, Stephanie Severs (Arthur Andersen), Richard Wilson (Camiros Ltd.), Mayor Brillson, Ryan Fly (233 Pleasant Avenue), Dennis Borsch (118 Kenwood Place), Harold Smith (402 East Eighth Street), Roger W illoughby (401 East Seventh Street), Rich Heath (700 Pine Street), Marjorie Gondeck (908 Franklin), Neil Kienitz (423 East Tenth Street), Rich Richey (428 East Ninth Street), Wayne Grieger (700 Pine Street), and Controller Oberlie. The motion to amend carried as follows: AYES: COUNCIL MEMBERS Winski, Baker, Harmon, LaRocco, Martin, Milsap, Przybylinski, and Wilson (8). NAYS: COUNCIL MEMBER Lungren (1). President Martin opened the public hearing; responding were Roger Willoughby and Ryan Fly. The formal public hearing was then closed, and the Ordinance was laid over for third reading. The Clerk read on third reading by title only, ORD INANC E NO . 3848 ADDITIONAL APPROPRIATION ORDINANCE W HER EAS , it has been dete rm ined t hat it is now nece ssa ry to ap prop riate m ore m one y than was approp riated in the a nnual bu dget; NO W , TH ERE FO RE, BE IT OR DAI NED by the City C oun cil of th e City o f Mic higan City, La Port e Co unty, Indiana, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE Cum ulative Channel Maintenance Fund # 0990, Unappropriated $251,575.00 INCREASE Account No. 0990 30000.911 Contractual Services - Dredging $251,575.00 TOTAL FOR Cumulative Channel Maintenance Fund $251,575.00 INTROD UCED BY: /s/ Denzil Wilson Councilman Wilson moved to adopt the Ordinance, seconded by Councilman LaRocco. There was discussion among Council Members Wilson, Przybylinski, and Winski. The formal public hearing was opened, with President Martin repeating three times, “formal public hearing is now open to the public.” There was no response and the public hearing was closed. The motion carried and the Ordinance was adopted by the following vote: AYES: COUNCIL MEMBERS Harmon, LaRocco, Lungren, Martin, Milsap, Przybylinski, Wilson, Winski, and Baker (9). NAYS: None (0). Page 4 September 4, 2001 The Clerk read on third reading by title only, AN ORDINANCE OF THE MICHIGAN CITY COMMON COUNCIL TO AMEND TITLE XV: LAND USAGE CHAPTER 160, ZONING CODES, SECTIONS DEALING WITH SIGN PERMIT FEES OF THE CITY OF MICHIGAN CITY, CODE OF ORDINANCES, introduced by Evelyn Baker. Councilwoman Baker moved to table this meeting to the next meeting. Councilman W ilson seconded the motion, which carried as follows: AYES: COUNCIL MEMBERS LaRocco, Lungren, Martin, Milsap, Przybylinski, Wilson, Winski, Baker, and Harmon (9). NAYS: None (0). UNFINISHED BUSINESS Councilman LaRocco reminded the Chair that an appointment to the Tree Board is necessary. NEW BUSINESS There was no new business. COMMENTS FROM THE COUNCIL Councilman Lungren thanked those who showed up for the budget hearing. He also read an article concerning a skate park. COMMENTS FROM THE PUBLIC Mayor Brillson spoke on a proposed settlement with Waste Management, which should give a significant savings to the taxpayers. ADJOURNMENT On motion by Councilman Wilson, supported by Councilwoman Winski, and there being no further business to transact, President Martin declared the meeting ADJOURNED (approximately 9:15 p.m.). Thomas F. Fedder, City Clerk