City Council

REGULAR MEETING - AUGUST 2, 2005 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, August 2, 2005, 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 Chuck Lungren, 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; Patricia Boy; Joseph Doyle; Phillip Jankowski; Charles Lungren; Virginia Martin; Ronald Meer; Willie Milsap; and Paul Przybylinski (9) ABSENT: None (0) A QUORUM WAS NOTED PRESENT. APPROVAL of MINUTES President Lungren inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of July 19, 2005, and, hearing none, the minutes were approved as printed. REPORTS of STANDING COMMITTEES Councilwoman Baker reported on the Sanitary District’s meeting of July 27, 2005 and read a letter received from Al Walus, Sanitary District Superintendent, regarding the selling of sand. REPORTS of SPECIAL or SELECT COMMITTEES Councilwoman Baker spoke on the Tax Abatement Compliance Report and she introduced Mr. Ted Soeka, Business Development Manager for the Michigan City Economic Development Corporation who spoke in detail regarding the Comprehensive Report for 2005. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS City Controller John Schaefer stated at the next Council meeting, August 16th , we will hear the Ordinances associated with the 2006 Budget on 1st Reading. Mr. Schaefer requested that a workshop be scheduled for Thursday, August 11, 2005, at 6:30 p.m., in the Council Chambers, to present the budget documents to the Council. He said between 1st reading and 2nd reading we will have three (3) weeks so we can schedule workshops with whatever department heads the Council may want to meet with and then finalize the numbers. PETITIONS There were no petitions. COMMUNICATIONS Excerpts from the August 1, 2005, Board of Works meeting regarding the franchise agreement with Comcast. RESOLUTIONS Page 2 August 2, 2005 The Clerk read by title only, there being no objections, RESOLUTION NO. 4296 A RESOLUTION OF THE CITY OF MICHIGAN CITY COMMON COUNCIL IN SUPPORT OF THE CONTINUATION OF THE MICHIGAN CITY ENTERPRISE ZONE WHEREAS, business reinvestment, property redevelopment, and employment in the city and specifically in the enterprise zone continue to lag behind other areas of the city; and continue at unacceptable levels; and WHEREAS, the purpose of the Indiana Enterprise Zone Program is to encourage capital investment, support job creation, and increase employment opportunities for zone residents; and WHEREAS, the City of Michigan City, Indiana supports the Indiana Urban Enterprise Zone program under auspices of the Indiana Economic Development Corporation a well as the goals and objectives of the Michigan City Urban Enterprise Association, leading to a public/private cooperative effort for redevelopment of distressed properties and renewed opportunity for more disadvantaged members of the population; and WHEREAS, the Michigan City Urban Enterprise Association Board of Directors has set policy, developed initiatives, and coordinated the development and redevelopment of zone property; and WHEREAS, the Michigan City Urban Enterprise Association is causing programming to occur within the boundaries of the Enterprise Zone which will further property redevelopment, business development, and enhance opportunities for Enterprise Zone residents to improve their quality of life; and WHEREAS, the City of Michigan City, Indiana commits to provide such benefits within its powers to enhance the benefits of the Indiana Enterprise Zone program, such as Tax Increment Financing, Community Development, Neighborhood Alive Program, and Tax Abatement among others; and WHEREAS, Indiana House Enrolled Act 1120 (Public law 214-2005) directs the Common Council of the City of Michigan City to adopt a resolution either recommending the continuing existence, or the termination, of the Michigan City Enterprise Zone subject to the renewal scheduled set forth in IC 4-4-6, 1-3; and WHEREAS, for the reason set forth above the Common Council of the City of Michigan City supports and desires the continuing existence of the Michigan City Enterprise Zone. SECTION 3. The Common Council of the City of Michigan City, Indiana hereby supports and recommends the continuing existence of the Michigan City Enterprise Zone, subject to the renewal provisions set forth in IC4-4-6.1-3 SECTION 4. This Resolution shall be in full force and effect after its adoption by the Michigan City Common Council. INTRODUCED BY: /s/ Willie Milsap Willie Milsap Councilman Milsap moved to adopt the Resolution, seconded by Council Members Boy and Doyle. Council President Lungren asked if there were any questions or comments by the Council or public, hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Jankowski, Lungren, Martin, Meer, Milsap, Przybylinski, Baker, Boy, and Doyle (9). NAYS: None (0). ORDINANCES The Clerk read by title only on first reading, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY AMENDING ORDINANCE NO. 3655, introduced by Ron Meer. (For informational purposes, Ordinance No. 3655 is entitled “AN ORDINANCE TO AMEND MICHIGAN CITY MUNICIPAL CODE SECTIONS INVOLVING COLLECTIONS OF FEES, FINES AND RELATED COSTS”.) Councilman Meer explained in detail the proposed Ordinance. He stated amending 3655 would put in place higher fines on people who are repeat offenders in allowing dogs and cats to roam and also the impound and darting fines. Also, Councilman Meer stated there would now be a $50.00 find for dogs and cats running at large, dogs and cats on school grounds, dogs and cats creating a nuisance, abandonment, City dog/cat license required, duty of the owner to protect the dog/cat against rabies, and dog feces in the yard for more than 72 hours. The redemption fees would go from - first time of $25.00 and every fine after that $50.00 - to first time of $50.00 and every fine after that $100.00. There was discussion pertaining to the Ordinance among Council Members Lungren and Meer. Council President Lungren asked if there were any other questions or comments by the Council and Councilman Milsap asked a question regarding tickets, which Council Members Meer and Przybylinski responded to. Councilman Przybylinski made various comments concerning the proposed Ordinance. Councilman Jankowski spoke about designating a portion of some of these fees to the Humane Society. He said he may present an amendment at the next meeting. Councilman Jankowski said he would check into this matter. Council President Lungren asked if there were any questions or comments by the public. Councilman Przybylinski August 2, 2005 Page 3 spoke on supporting the private entity and that we contracted with the Humane Society many years ago. Council President Lungren again asked if there were any questions or comments by the public, and Mr. Rich Harding, 510 Bies Street, addressed the Council and spoke on the proposed Ordinance. The Ordinance was then laid over for second reading. The Clerk read on first reading by title only, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA PROVIDING FOR A CITY LOCAL HIRING ORDINANCE, as introduced by Ron Meer. Councilman Meer explained in detail the proposed Ordinance. He said it is a new ordinance that would put in effect a twenty-five percent (25%) requirement for city residency to work on all construction contracts over $100,000.00. He made various comments pertaining to the proposed Ordinance. Councilman Przybylinski expressed to Councilman Meer his appreciation on his motivation regarding this matter and made various comments concerning the proposed Ordinance. He stated that maybe we should incorporate this into all contracts not just construction contracts. Councilman Przybylinski said that we should look at prioritizing using city resident vendors or companies either in this, or amending this, or adding a section to it. Just not about employing people but using a city contractor to do the work. Councilman Meer said he would have no problem with those ideas, he thought they were great ideas. However, he said he wouldn’t want to attach that to this Ordinance because this is in particularly a hiring Ordinance. Councilman Meer stated that maybe we could attach that to the current contract compliance Ordinance or possibly a separate Ordinance in it self. But, this is in particular of using contractors and sub- contractors of getting Michigan City residents utilized on the job. Councilman Milsap had questions regarding the monitoring of this Ordinance, which was answered by Councilman Meer. Council President Lungren asked if there were any other questions or comments by the Council, hearing none, asked if there were any questions or comments by the Public. There was no response and the Ordinance was then laid over for second reading. The Clerk read on first reading by title only, AN ORDINANCE TO AMEND ORDINANCE 2560 AND ALL SUBSEQUENTLY ENACTED AMENDING ORDINANCES THERETO, ALL COLLECTIVELY KNOWN AS THE FIRE MERIT ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF MICHIGAN CITY, INDIANA, ALSO KNOWN AS THE MICHIGAN CITY MUNICIPAL CODE SECTION 54-173 (1) et. Seq., as introduced by Patricia Boy. (Note: At the May 3rd meeting motion was made to table this Ordinance until the 1st meeting in August.) Council President Lungren called for a point-of-order. He said this Ordinance was tabled to this meeting so we don’t have to remove it from the table. Councilwoman Boy spoke on the proposed Ordinance and the Consent Decree. Council President Lungren asked if there were any comments or questions by the Council and Councilman Przybylinski said he would like to make various statements after hearing from the public. Council President Lungren said lets keep in mind we have three readings of this Ordinance. Councilman Milsap advised that we should get some education of the history of it, where it started, where we’re at and where we’re going. Council President Lungren asked if anyone from the Fire Merit Commission was present and Commissioner Bart Lombard, 625 Faulknor, introduced to the Council Commissioner Louise Mock, 1018 Liberty Trail, Secretary of the Fire Merit Commission. Commissioner Lombard addressed the Council and spoke on the proposed changes to the Fire Merit Commission Ordinance. Councilman Przybylinski had various questions concerning testing, which were answered by Commissioner Lombard. Commissioner Lombard commented on not being able to locate certain files. Councilman Przybylinski had various questions regarding the missing records, in which Commissioner Lombard responded to. There was considerable discussion among Councilman Przybylinski and Commissioner Lombard regarding testing. There were questions and comments made by Councilman Meer concerning the installation of the point system (college related credits), which were answered by Commissioner Lombard. Councilman Meer also questioned education and promotions. There was discussion among Commissioner Lombard and Councilman Meer regarding this issue. Various comments regarding education were made by Councilwoman Boy and Council Attorney Alevizos. Page 4 August 2, 2005 Commissioners Mock and Lombard spoke on city people working on city jobs. Councilman Meer had questions regarding the Consent Decree, which were answered by Council Attorney Alevizos. There was considerable discussion on the proposed Ordinance among Council Members Martin, Przybylinski, Milsap, and Commissioner Lombard. Council President Lungren asked if there were any comments by the public and the following individuals addressed the Council and spoke on the proposed Ordinance: Fire Chief Ralph Martin, Mr. Spencer Walker, President, Michigan City Firefighters Local 475, and Commissioner Lombard. Various questions by Council Members Meer, Przybylinski, Martin, and Boy were directed to Union President Walker. There was discussion among Union President Walker, Councilwoman Martin, and Commissioner Lombard regarding testing. Council President Lungren asked if there were any other comments by the public and Capt. Nathaniel Williams, Firefighter Andrew Knouse, and Capt. Randy Novak addressed the Council and spoke on the proposed Ordinance. Councilman Przybylinski called for a point-of-order, commenting on personal attacks. Capt. Nathaniel Williams continued with his comments. Tempers flared within the Council chambers and Councilman Meer moved for a recess. At this time, President Lungren called for a 5-minute recess. Following the recess, the Council reconvened. There was discussion among Council Members Milsap, Martin, and Union President Walker regarding the last hiring procedure, which were answered by President Walker. Council President Lungren asked if there were any other public comment and Firefighter Barrett Taylor approached the Council and spoke on Training. Councilwoman Boy had various questions regarding that matter, in which Firefighters Taylor responded. Capt. Nathaniel Williams addressed the Council, apologized for the disturbance and made various comments regarding training within the Fire Department. At this point, Councilman Przybylinski made comments concerning the hiring process and training. Council President Lungren asked if there were any other comments by the public, hearing none, the Ordinance was laid over for second reading. Council President asked for suspension of the rules to allow the Ordinance on third reading, entitled AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 2114 (Oehmstead Co., LLC) to read by title only, there being no objection. There was objection by Councilwoman Martin. The Clerk read by title only on first reading, AN ORDINANCE TO AMEND ORDINANCE NO. 2645, SECTION 86-6, OF THE MICHIGAN CITY, INDIANA MUNICIPAL CODE ENTITLED PRESERVATION OF BRICK STREETS, as introduced by Paul A. Przybylinski and Co-Sponsored by Patricia Boy. Council Members Przybylinski, Boy, and Lungren commented on the proposed Ordinance. Council President Lungren asked if there were any questions or comments by the Council or public, hearing none, the Ordinance was laid over for second reading. The Clerk read by title only on second reading, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA APPROVING THE RENEWAL OF THE GRANT OF A NON-EXCLUSIVE FRANCHISE AGREEMENT FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN MICHIGAN CITY, INDIANA TO COMCAST OF ILLINOIS/INDIANA/MICHIGAN, INC., as introduced by Joe Doyle. (Note: At the July 19th meeting motion was made to table this Ordinance to the August 2nd meeting.) Councilman Doyle moved that the Ordinance be put back on the table, stating we are in communication with Comcast as a result of the Council’s last workshop. The motion was seconded by Councilman Milsap. Councilman Przybylinski called for a point-of-order. He asked if there was a date to when we would table this Ordinance. Councilman Doyle stated the Ordinance would be tabled indefinitely. Council President Lungren directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Lungren, Martin, Meer, August 2, 2005 Page 5 Milsap, Baker, Boy, Doyle, and Jankowski (8). NAY: COUNCIL MEMBER Przybylinski (1). The Clerk read on third reading by title only, there being no objections, ORDINANCE NO. 3954 ADDITIONAL APPROPRIATION ORDINANCE WHEREAS, the Department of Parks and Recreation through the Parks and Recreation Board, has reported that certain additional appropriations are necessary within the Budget of the Michigan City Department of Parks and Recreation because of unanticipated expenses from various accounts described below, which accounts do not have sufficient funds available for disbursement for said expenses; and WHEREAS, there are funds available for said purposes in the unappropriated balance of other funds which are not expected to be utilized for expenses during the remainder of this budget year; and WHEREAS, the Michigan City Common Council now being duly advised has determined that said expenses are necessary and that an additional appropriation should be made in order to meet said expenses. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named for the purposes specified, subject to the laws Governing the same: Park No. 601 Amount Requested Decrease Recreation N/R Unappropriated 1211/0000 $30,000.00 Increase Recreation N/R Small Tools 1311/0000-02-423.003 $ 24,500.00 Increase Recreation N/R Contractual $ 5,500.00 __________ TOTAL $30,000.00 (Appropriation for new camps and increase in participation of sports activities which will have increased revenue) Park No. 600 Amount Requested Decrease Park Unappropriated 1301/0000 $87,628.00 Increase Recreation Workers Compensation 1301/0803-03-434,001 $ 750.00 Gas & Electric Services 1301/0804-03-434.001 $20,000.00 Increase Zoo Workers Compensation 1301/0804-03-434.001 $ 1,936.00 Increase Park Maintenance Overtime 1301/0805-01-411.016 $ 7,000.00 Unemployment 1301/0805-01-413.003 $15,000.00 Gasoline 1301/0805-02-422.021 $ 6,000.00 Building Materials 1301/0805-02-423.001 $ 7,000.00 Repair Parts 1301/0805-02-423.002 $ 3,500.00 Building Materials Patriot Park Page 6 August 2, 2005 1301/0805-02-423.099 $ 3,000.00 Workers Compensation 1301/0805-03-434.001 $ 3,442.00 Contractual Service 1301/0805-03-439.111 $20,000.00 TOTAL: $87,628.00 (Appropriation for budget adjustments for unforeseen emergency repairs, increased rentals major events & additional site maintenance.) Councilman Doyle moved to adopt the Ordinance, seconded by Councilwoman Baker. Councilman Doyle stated there is a representative present from the Park Department. Park Supt. Darrell Garbacik addressed the Council and answered various questions from Council Members Boy, Przybylinski, and Jankowski. The formal public hearing was then opened. Council President Lungren asked if there were any questions or comments by the public, hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Martin, Meer, Milsap, Przybylinski, Baker, Boy, Doyle, and Lungren (8). NAYS: COUNCIL MEMBER Jankowski (1). The Clerk read by title only on third reading, AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 2114, as introduced by Charles Lungren. (Re: Oehmstead Co., LLC, US Highway 20/35 East of Hwy. 212, Michigan City, IN - Rezoning A to B2.) (Note: At the July 19th meeting motion was made to table this Ordinance on third reading to the August 2nd ) Councilman Jankowski moved to reject the Ordinance and refer it back to Planning to determine if B2 is the appropriate designation; and, also, it is hard to determine the highest and best use of a small parcel without looking at the proper zoning for the entire section. The motion was seconded by Councilwoman Boy. There was discussion among Councilman Lungren, Council Attorney Alevizos, and Attorney Michael Bergerson regarding the reason for Council’s rejection. Attorney Bergerson, 601 Franklin Street, spoke in detail regarding the proposed Ordinance. Attorney Bergerson explained the petition. He stated from the petitioners point of view, owns additional property contiguous to this property, which is approximately 1.2725 acres in Michigan Township, that we would agree with the Council that the entire parcel should ultimately be zoned B2. That we have secured from the Michigan Township Assessor Office some insurances that if it is rezoned B2 of the entire parcel, 127 acres, that he would not assess it at that valuation until an actual shovel was placed in the ground to develop it . It has been his client’s intention to rezone the entire parcel along Michigan Boulevard. He stated we would have no objection to that method of going back to the Plan Commission for the purpose of rezoning the entire portion in Michigan City, Michigan Township, which is 127.25 acres. Councilman Jankowski commented on the appropriate zoning for the truck stop. There was discussion among Attorney Bergerson and Council Attorney Alevizos regarding Councilman Jankowski’s motion. Council Attorney Alevizos explained Councilman Jankowski’s motion. There was discussion among Councilwoman Boy, City Planner Pugh and Attorney Alevizos concerning rezoning. The following individuals addressed the Council and spoke on the proposed Ordinance: Mr. Richard Harding, 510 Bies Street, Mr. Ron Kieszkowski, 600 W. Meer Rd., Mr. Dick Shaver, 100 Lakeshore Drive and Mr. Ed Wall, 2919 Lakeshore Drive. Councilwoman Martin made numerous comments pertaining to the proposed Ordinance and requested a traffic study from City Planner Pugh. Councilman Meer called for a point-of-order and requested that the motion be repeated. Council Attorney Alevizos then read the following: Reject the Ordinance because the Council is not certain that B-2 is the proper zoning for the parcel. Furthermore, the Council believes that it is difficult to determine the highest and best use for a 16 acre parcel without addressing the surrounding larger parcel of agriculturally zoned land. Council President directed the Clerk to call for the vote to reject this Ordinance and send it back to the Plan Commission: AYES: COUNCIL MEMBERS Meer, Milsap, Przybylinski, Boy, Doyle, and Jankowski (6). NAYS: COUNCIL MEMBERS Baker, Lungren, and Martin (3). Note: The Plan Commission has forty-five (45) days to bring it back to the Council. August 2, 2005 Page 7 UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMENTS FROM THE COUNCIL City Planner made the following statement regarding the rezoning: The Plan Commission has the option to either review it, send it back, change it or do nothing. If the petitioner is still interested we would like to see a new petition. Councilman Przybylinski called for a point-of-order. He advised this is Council comment. Councilman Przybylinski thanked Councilwoman Baker for giving that letter from Supt. Walus regarding the selling of sand. He requested additional information on the final cost effect on the total project. Councilman Przybylinski made statements pertaining to the budget process. He made various comments concerning dogs and cats. Councilman Przybylinski asked Council President Lungren to ask Council Attorney Alevizos to check into Muzzle Law in our parks. Councilman Meer addressed the Mayor with concerns regarding the Block grants/Willard Avenue, which Mayor Oberlie responded to. COMMENTS FROM THE PUBLIC Sue McMillon, 8819 N. 600 W., asked how the public would be notified when the rezoning issue (truck stop) comes before the Council and was informed to contact the Planning Department. Council Attorney Alevizos explained the procedure regarding rezoning. Mrs. Mary Lou Linen, Creekwood Inn, had questions regarding the rezoning procedure and Attorney Alevizos again explained the procedure. ADJOURNMENT On motion by Councilman Doyle, supported by the Council, and there being no further business to transact, President Lungren declared the meeting ADJOURNED (approximately 10:00 p.m.). Thomas F. Fedder, City Clerk