City Council

REGULAR MEETING - AUGUST 16, 2005 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, August 16, 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 advised that the minutes of the August 2nd meeting will be approved at the next regular scheduled Council meeting. REPORTS of STANDING COMMITTEES Councilman Doyle reported on Indiana Parks and Recreation Association Northern Indiana District meeting. REPORTS of SPECIAL or SELECT COMMITTEES There were no reports. 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 by title only, there being no objections, RESOLUTION NO. 4297 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA HONORING THE LEAGUE OF WOMEN VOTERS OF LAPORTE COUNTY OF THE 85th ANNIVERSARY OF THEIR FOUNDING WHEREAS, the Women’s Suffrage Movement was organized in 1848 at the Seneca Falls Convention in New York State and over the next 72 years, many women dedicated their very lives to the cause; and WHEREAS, the Senate and the House of Representatives of the United States of America, in Congress assembled, by a two-thirds majority vote, ratified the 19th Amendment to the Constitution on August 26 in the year 1920; and Page 2 August 16, 2005 WHEREAS, the league of Women Voters was organized on February 14, 1920 to educate and engage these newly enfranchised women; and WHEREAS, through the actions of those who founded and fought for the Right to Vote, woman have made significant contributions to government and the real-life issues affected by government; and WHEREAS, the League of Women voters of laPorte County, Indiana, as charter members of the National league of Women Voters, impacts local as well as national issues. NOW, THEREFORE, BE IT RESOLVED that the City of Michigan City salutes the League of Women Voters of LaPorte County on their eighty-fifth (85th ) anniversary as a League and on the eighty-fifth (85th) anniversary of the August 26, 1920 ratification of the 19th amendment, August 26th . INTRODUCED BY: /s/ Patricia A. Boy Patricia A. Boy, Member Council President Lungren asked if there were any comments or questions by the Council or public, and hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Milsap, Przybylinski, Baker, Boy, Doyle, Jankowski, Lungren, Martin, and Meer (9). NAYS: None (0). ORDINANCES The Clerk read on first reading by title only, AN ORDINANCE TO DE-OBLIGATE FUNDS, introduced by Phillip Jankowski. Upon the request by Councilman Jankowski, City Controller John Schaefer explained the proposed Ordinance. Discussion ensued among Council Members Przybylinski, Lungren, Council Attorney Alevizos, and City Controller John Schaefer. The Ordinance was then laid over for second reading. The Clerk read on first reading by title only, AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2006, as introduced by Phillip Jankowski. The Ordinance was laid over for second reading. The Clerk read on first reading by title only, AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2006, as introduced by Phillip Jankowski. 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 OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2006, as introduced by Phillip Jankowski. The Ordinance was laid over for second reading. The Clerk read on first reading by title only, AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE CITY CLERK, MAYOR, AND ALL COMMON COUNCIL MEMBERS, as introduced by Phillip Jankowski. Council President Lungren advised that the Notice regarding the proposed Ordinance will be advertised in the New Dispatch on the 19th & 26th of August, 2005. The Ordinance was laid over for second reading. August 16, 2005 Page 3 The Clerk read on first reading by title only, ORDINANCE FOR APPROPRIATIONS AND TAX RATES, as introduced by Phillip Jankowski. (Note: Public hearing to be held on second reading, September 6, 2005.) The Ordinance was 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 CREATING A POLICE RESERVE OFFICER PROGRAM, introduced by Patricia Boy. There was discussion among Council Members Martin, Milsap, Lungren, Przybylinski, Boy, Council Attorney Alevizos, and Police Chief Ben Neitzel regarding the proposed Ordinance. Councilman Przybylinski requested suspension of the rules to allow amendments on third reading and there were no objections. Ms. Joan Chumley, 832 Pine Street, and Mr. George Neagu, 3739 Lexington Road, spoke on the proposed Ordinance and questions from both parties were answered by Chief Neitzel. The Ordinance was then 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 AMENDING ORDINANCE NO. 3655, as introduced by Ron Meer. (Note: 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 stated there are several Council Members working on some amendments with the distributions of the fines that we would collect. Councilman moved to table AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AMENDING ORDINANCE NO. 3655 to the first meeting in September. The motion was seconded by Councilman Jankowski and carried by the following vote: AYES: COUNCIL MEMBERS Przybylinski, Baker, Boy, Doyle, Jankowski, Lungren, Martin, Meer, and Milsap (9). NAYS: None (0). The Clerk read on second 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 made various comments pertaining to the proposed Ordinance and submitted an author’s amendment as follows: Page 1, Section 1, first line: Change the amount to read $150,000.00 Page 1, Section 4, second line: Change the amount to read $150,000.00 Section B, Subsection (ii) , first paragraph, after the first sentence, delete U.S. Dept. Of Labor Form WH-347 and insert Certified Payroll Report State Form 51454 (8-03) Section B, Subsection (ii), second paragraph, sixth sentence delete: social security number Councilman Meer moved to accept the amendments as written. The motion was seconded by Councilwoman Martin. Councilman Przybylinski made comments regarding the proposed Ordinance. The motion carried by the following vote: AYES: COUNCIL MEMBERS Baker, Boy, Doyle, Jankowski, Lungren, Martin, Meer, Milsap, and Przybylinski (9). NAYS: None (0). Councilman Meer again spoke on the proposed Ordinance. The Ordinance was then laid over for third reading. The Clerk read on second 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. Page 4 August 16, 2005 Councilwoman Boy called for a workshop to be held 6:00 before the next Council meeting, Tuesday, September 6, 2005, to discuss this Ordinance. She invited the Fire Merit Commission and a delegation of the Firefighters to participate. Councilman Przybylinski asked for clarification from Councilwoman Boy. He wondered if she was going to ask to table this Ordinance until the next meeting or if someone will be asking for amendments on third reading. Councilwoman Boy advised that on the May 3rd meeting Councilman Przybylinski had asked for amendments on third reading and there were no objections. There was discussion among Council Members Martin and Lungren regarding the workshop. Councilman Milsap had various questions pertaining to the proposed amendments which were answered by Bart Lombard, Vice President, Fire Department Civil Service Commission. There was discussion among Council Members Przybylinski, Boy, Martin, Lungren, and Council Attorney Alevizos regarding the workshop. Council President Lungren clarified the call for the workshop. He stated the workshop will be at 6:00 p.m. before the next Council meeting, open door and the press is welcome. But, in this particular case the Council will talk amongst themselves and anyone is welcome to sit and listen. There was discussion among Council Members Przybylinski, Lungren, and Boy regarding the workshop. Bart Lombard, Vice President of the Fire Merit Commission, advised the Council that all of the records have been located. Council Members Przybylinski and Meer had various questions directed to Commissioner Lombard, in which he advised the members that he would have the answers at the workshop. Mr. Spencer Walker, President, Firefighters Local 475, and Mr. T. C. Falls, 514 Springland, spoke on matters pertaining to the Fire Department. Councilwoman Martin informed the members of the Council, if they had questions for Mr. Lombard they could call him so that he would have the answers at the workshop. The Ordinance was then laid over for third reading. The Clerk read on second reading by title only, AN ORDINANCE TO AMEND NO. 2645, SECTION 86-6, OF THE MICHIGAN CITY, INDIANA MUNICIPAL CODE ENTITLED PRESERVATION OF BRICK STREETS, as introduced by Paul A. Przybylinski and Patricia A. Boy. Councilman Przybylinski moved to table this Ordinance until the next meeting, September 6, 2005. The motion was seconded by Councilwoman Baker and carried by the following vote: AYES: COUNCIL MEMBERS Boy, Doyle, Jankowski, Lungren, Martin, Meer, Milsap, Przybylinski, and Baker (9). NAYS: None (0). The Clerk read on second reading by title only, 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. Councilman Doyle moved to remove from the table 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. The motion, seconded by Council Members Martin and Meer, carried as follows: AYES: COUNCIL MEMBERS Doyle, Jankowski, Lungren, Martin, Meer, Milsap, Baker, and Boy (8). NAYS: COUNCIL MEMBER Przybylinski (1). Councilman Doyle advised that the Board of Works and Comcast have addressed the concerns from the workshop and that the Mayor and representatives from Comcast were present tonight. Mayor Chuck Oberlie briefed the Council on the concerns that have been addressed. Councilman Przybylinski requested suspension of the rules to allow amendments on third reading and there was objection by Councilman Doyle. The Ordinance was then laid over for third reading. August 16, 2005 Page 5 UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Councilman Jankowski called for a workshop to be held to discuss the proposed 2006 Budget. (Note: Dates to be determined.) Clerk’s Note: Budget Workshops of the Michigan City Common Council has been called by Council President Lungren for Tuesday, August 30, 2005, beginning at 7:00 P.M., in the Mayor’s Conference Room. COMMENTS FROM THE COUNCIL Councilwoman Martin spoke on State Law and the hiring of Firefighters. There was discussion among Councilman Przybylinski and Council Attorney Alevizos regarding the Cable Franchise Agreement. Councilman Przybylinski commented on the NIPSCO Service Centers. He stated that it was a major victory for the people of the NIPSCO service area and congratulated the County Commissioners. Councilman Przybylinski spoke on the removal of the sign located at California and Colfax and monster billboards. He requested an update on the status of Monster Billboards. Councilman Przybylinski commented on Cell Phones in the Council Chambers. Councilman Przybylinski encouraged everyone to get out and see the moving Wall and congratulated the gentlemen from the Wall Gang that are putting this together. Council President Lungren gave an update regarding the Monster Billboards. COMMENTS FROM THE PUBLIC Mr. Spencer Walker, President, Firefighters Union 475, spoke on the proposed Ordinance concerning local hiring and Councilman Meer responded to his comments. ADJOURNMENT On motion by Councilman Doyle, supported by Councilwoman Boy, and there being no further business to transact, President Lungren declared the meeting ADJOURNED (approximately 9:20 p.m.). Thomas F. Fedder, City Clerk