City Council

REGULAR MEETING - NOVEMBER 1, 2005 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, November 1, 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. REPORTS of STANDING COMMITTEES There were no reports. REPORTS of SPECIAL or SELECT COMMITTEES Councilman Przybylinski reported on the Safety Committee meeting held earlier today in the Mayor=s Conference Room. Councilwoman Baker reported on the October 26th Sanitary District meeting. Councilman Meer informed the Council that Michael Harding, Superintendent, Michigan City Area School, has invited him to participate in the Michigan City Area Schools Strategic Planning Process which will be taking place November 9th, 10th & 11th. He asked his colleagues if they had any suggestions or general concerns they would like expressed during this time please drop him a note or email and he will certainly try to interject them. Council President Lungren advised that the Plan Commission has a meeting scheduled for tomorrow at 7:30 p.m. in the Council Chambers, which is open to the public. This meeting is scheduled to discuss the residential subdivision desiring to locate on Hwy. 212 just west of the existing airport. PETITIONS There were no petitions. COMMUNICATIONS There were no communications. RESOLUTIONS The Clerk read by title only, there being no objection, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY AUTHORIZING A CHANGE IN THE PROVISIONS OF COMMUNITY CENTER NO. 1 INDIANA R-46, introduced by Charles Lungren. Attorney Michael Bergerson, Attorney for the Redevelopment Commission, addressed the Resolution. He stated the Redevelopment Commission is asking the Common Council to approve changes that are suggested and recommended by the Redevelopment Commission as well as the Plan Commission who held a hearing on the proposed changes. Attorney Bergerson explained in detail the proposed Resolution. The request from the Michigan City Plan Commission is to assign a height restriction to the residential zoning assigned to the property near the corner of Pine and Fifth streets. The property is currently zoned R-4 with an overlay zoning of R-46. The classification doesn=t include a restriction on the height of any structure built on the property. The city would like to sell the property, likely to residential developers, but want to make sure no developers can build a structure higher than 75 feet. Following questions by Councilman Przybylinski, City Planner John Pugh spoke on Old Urban Renewal Plan, which was adopted in 1970 and remains in effect until the end of the year 2014. Page 2 November 1, 2005 There was discussion among Council Members Przybylinski, Martin, Plan Director Pugh, and Attorney Bergerson regarding the proposed Resolution. Council President Lungren stepped down and Vice President Meer took the Chair. There was discussion among Council President Lungren, City Planner Pugh and Attorney Bergerson regarding the proposed Resolution. Council President Lungren resumed the chair. There were various comments made by Council Members Baker, Przybylinski, Council Attorney Alevizos, Attorney Bergerson, and City Planner Pugh spoke on height limitations. Councilman Przybylinski moved to table this Resolution until the next meeting. The motion was seconded by Councilman Jankowski and carried by the following vote: AYES: COUNCIL MEMBERS Milsap, Przybylinski, Baker, Boy, Doyle, Jankowski, Lungren, and Meer (8). NAY: COUNCIL MEMBER Martin (1). Council President Lungren called for a Workshop to be held at 6:00 p.m., Tuesday, November 15, 2005 (before the next scheduled Council meeting), to discuss the proposed Resolution. Council President Lungren invited City Planner Pugh, Attorney Bergerson, and any members of the Elston Grove or Congress Park to attend. After calling a point-of-order Councilman Przybylinski made statements pertaining to the selling of the land and various comments regarding the height requirement. A point-of-order was called by Councilwoman Boy and she advised the minutes had not been approved. There being no objections, Council President Lungren inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of October 18, 2005, and, on motion by Councilman Przybylinski, seconded by Councilman Milsap, the minutes were approved as printed. ORDINANCES The Clerk read on third reading by title only, there being no objections, ORDINANCE NO. 3963 ADDITIONAL APPROPRIATION ORDINANCE WHEREAS, it has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Michigan City, LaPorte County, 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: Local Road and Street Fund 0706 Unappropriated $48,995.00 INCREASE Account No. 0706 0000 02 423.004 Miscellaneous Supplies 11,600.00 Account No. 0706 0000 03 436.005 Other Services (salt) 37,395.00 Total $48,995.00 INTRODUCED BY: /s/ Phil Jankowski Councilman Jankowski moved to adopt the Ordinance, seconded by Councilman Przybylinski. Council President Lungren asked if there were any comments by the Council regarding this Ordinance and Councilman Przybylinski complimented Jim Elwell, Superintendent, Central Services, on his dedicated service to the community. (Note: News Dispatch Ad Oct. 7, 2005 and formal public hearing this date.) Council President Lungren explained the Ordinance in detail. The formal public hearing was opened, with President Lungren repeating three times Ais there anyone from the public who wishes to address this Ordinance?@ There was no November 1, 2005 Page 3 response and the hearing was closed. The motion carried and the Ordinance was adopted by the following vote: AYES: COUNCIL MEMBERS Przybylinski, Baker, Boy, Doyle, Jankowski, Lungren, Martin, Meer, and Milsap (9). NAYS: None (0). There being no objections, the Clerk read on third reading by title only, ORDINANCE NO. 3964 ADDITIONAL APPROPRIATIONS ORDINANCE WHEREAS, it has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Michigan City, LaPorte County, 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: A/C No. 0101 General Fund Unappropriated $ 21,059.00 INCREASE: A/C No. 0101 0119 03 436.002 Eqpt. Repair & Mtce. 21,059.00 Total Central Maintenance Department $ 21,059.00 INTRODUCED BY: /s/ Phil Jankowski Councilman Jankowski moved to adopt the Ordinance, seconded by Councilman Milsap. (Note: News Dispatch Ad Oct. 7, 2005 and formal public hearing this date.) Council President Lungren asked if there were any comments by the Council regarding this Ordinance, hearing none, he explained the Ordinance in detail. The formal public hearing was opened, with President Lungren repeating three times Ais there anyone from the public who wishes to address this Ordinance?@ There was no response and the hearing was closed. The motion carried and the Ordinance was adopted by the following vote: AYES: COUNCIL MEMBERS Baker, Boy, Doyle, Jankowski, Lungren, Martin, Meer, Milsap, and Przybylinski (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, ORDINANCE NO. 3965 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AMENDING ORDINANCE NO. 3655 WHEREAS, with the passage of time various Ordinances, Codes, and Procedures of the City of Michigan City, Indiana must be amended; and WHEREAS, it is necessary to review, revise, and otherwise amend Ordinance No. 3655 and all other Ordinances attached thereto under this section. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Michigan City, Indiana, that Ordinance No. 3655, Section 50-91, shall be amended to read as follows: The fees required by Section 14-53 are established as follows: (1) Redemption Fee. $50.00 for the first time the animal is redeemed, and $100.00 for each subsequent redemption. (2) If the animal is darted by the Animal Control Authority as part of the impoundment process, the fee is $50.00. (3) The fines for the following violations shall be $50.00 for each violation: Page 4 November 1, 2005 Dogs/Cats Running at Large Prohibited; Dogs/Cats on School Grounds Prohibited; Dogs/Cats Creating Nuisance Prohibited; Abandonment; City Dog/Cat License Required; Duty of Owner to Protect Dog/Cat against Rabies; and Dog Feces in Yard for More than 72 hours. In consideration of the Michiana Humane Society=s and Fried=s Cat Shelter=s efforts to provide for the ethical care and treatment of animals, a fund shall be created from revenues received in the general fund entitled AAnimal Services Fund.@ Sixty-six and six-tenths percent of all animal control related fees, limited to dog and cat license fees, animal redemption fees, darting fees, kennel license fees, and replacement of lost dog and cat license fees be remitted to the AAnimal Services Fund@ on a quarterly basis. The Board of Pubic Works and Safety is empowered to enter into contracts: 1) ATo promote the well-being of our community=s animals through intervention, advocacy and education.@ 2) To Assist abuse victims. 3) To accept surrendered and stray animals when space permits. These contracts shall be funded by the AAnimal Services Fund@ subject to appropriation by the Common Council as required by law. This Ordinance shall be in full force and effect from and after passage by the Common Council and approval by the Mayor. Introduced by: /s/ Ron Meer Councilman Jankowski moved to amend the Ordinance, seconded by Councilman Meer. Councilman Jankowski read the following amendment in its entirety: Amendment to AAn Ordinance of the Common Council of the City of Michigan City, Indiana amending Ordinance No. 3655.@ Amendment introduced by Charles Lungren and Phil Jankowski. Insert two new sections containing the following: In consideration of the Michiana Humane Society=s and Fried=s Cat Shelter=s efforts to provide for the ethical care and treatment of animals, a fund shall be created from revenues received in the general fund entitled AAnimal Services Fund.@ Sixty-six and six-tenths of all animal control related fees, limited to dog and cat license fees, animal redemption fees, darting fees, kennel license fees, and replacement of lost dog and cat license fees be remitted to the AAnimal Services Fund@ on a quarterly basis. The Board of Pubic Works and Safety is empowered to enter into contracts: 1) ATo promote the well-being of our community=s animals through intervention, advocacy and education.@ 2) To Assist abuse victims. 3) To accept surrendered and stray animals when space permits. These contracts shall be funded by the AAnimal Services Fund@ subject to appropriation by the Common Council as required by law. Councilwoman Boy advised of a language change: after the wording ASixty-six and six-tenths@ the word Apercent@ should be inserted. There was discussion among Council Members Martin, Meer, Jankowski, Przybylinski, Central Services Supt. Jim Elwell, Animal Control Officer Alijah Hunter on the proposed Ordinance. Councilwoman Boy had questions pertaining to the wording of the amendment, which were answered by Council Attorney Alevizos. Council President Lungren asked if there were any further comments by the Council or Public concerning the amendment and hearing none, the motion carried by the following vote: AYES: COUNCIL MEMBERS Boy, Doyle, Jankowski, Lungren, Meer, Milsap, Przybylinski, and Baker (8). NAYS: COUNCIL MEMBER Martin (1). Councilman Meer moved to adopt the Ordinance, seconded by Councilman Przybylinski. The motion carried and the Ordinance was adopted by the following vote: AYES: COUNCIL MEMBERS Doyle, Jankowski, Lungren, Meer, Milsap, Przybylinski, Baker, and Boy (8). NAY: COUNCIL MEMBER Martin (1). UNFINISHED BUSINESS Council Attorney Alevizos reported on the status of the Fire Merit Ordinance. NEW BUSINESS November 1, 2005 Page 5 Councilman Meer expressed his desire of receiving a list of County owned properties for each Council Member. COMMENTS FROM THE COUNCIL Council President Lungren stepped down and Vice President Meer took the Chair. Councilman Przybylinski spoke on the Animal Control Ordinance and problems with animals in the area he represents. Council President Lungren made various comments pertaining to Michiana Humane Society and Fried=s Cat Shelter. Council President Lungren resumed the chair. COMMENTS FROM THE PUBLIC Mr. John Vail, Michigan City, addressed Councilman Meer=s request regarding vacant lots. He made various comments regarding the proposed Ordinance that was introduced last April entitled AAn Ordinance of the Common Council of the City of Michigan City, Indiana to Establish An Annual Report of City Departments and Administrative Offices and For Other Purposes@ and inquired if this item could be added to the agenda of the Workshop scheduled for November 15th. ADJOURNMENT On motion by Councilman Doyle, supported by Councilman Milsap, and there being no further business to transact, President Lungren declared the meeting ADJOURNED (approximately 8:55 p.m.). Thomas F. Fedder, City Clerk