City Council

REGULAR MEETING – September 18, 2007 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday Evening, September 18, 2007, 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 7:38 p.m. by Council President Willie Milsap, 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; Angelo Corley, Joseph Doyle; Phillip Jankowski, Virginia Martin; Ronald Meer, Willie Milsap, Paul Przybylinski (9). ABSENT: NONE (0). A QUORUM WAS NOTED PRESENT. APPROVAL of MINUTES President Milsap inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of September 4, 2007, and, hearing none, the minutes were approved as printed. REPORTS of STANDING COMMITTEES There were no reports. REPORTS OF SPECIAL OR SELECT COMMITTEES There were no reports. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS President Milsap asked the Clerk to draft a letter to John Pugh, Director, Planning and Inspection, requesting the status of the property located on 2101 E. Michigan Boulevard (Legal description: SHUTTS LTS 1&2 NE 1/2LT.3BLK3,SHUTTS SW ½ LT3 BLK3.) belonging to Roger Willaoughby. President Milsap stated the status of 2101 E Michigan Boulevard will be on the agenda to discuss at the next Council Meeting (October 2, 2007). . PETITIONS There were no Petitions. COMMUNICATIONS At the request of the President, the Clerk read a letter from Kathy Dubie, Northwestern Indiana Regional Planning Commission, Portage, Indiana; September 18, 2007 Page 2 Willie Milsap, President As we discussed, NIRPC (Northwestern Indiana Regional Planning Commission) is currently working on the Marquette Plan 2 – Porter Co. Transportation Corridor Plan. The consultants hired are hoping they will be placed on Michigan City’s September 18, 7:30 p.m., Council Meeting agenda. They would like to provide a brief overview of this project to the members Of the City Council and would need about 15 minutes of the council’s time. Can you make this happen? Please let me know. Gregg Calpino from the consulting firm J.J.R. on behalf of NIRPC presented information regarding the Marquette Plan Phase 2 & Porter County Transportation Corridor Plan. Mr. Calpino explained that the Marquette Plan Phase 2 is a regional/vision study for the entire lakeshore from the Burns Water Way over to the Michigan boarder. Councilman Przybylinski and Meer addressed Mr. Calpino regarding the Marquette Plan. Mr. Przybylinski advised Mr. Calpino to contact the City Planning Department for a copy of the Trolley to the Dunes project. RESOLUTIONS The Clerk read by title only, there being no objections, RESOLULTION NO. 4367 RESOLUTION APPROVING STATEMENT OF BENEFITS IN SUPPORT OF APPLICATION FOR PROERTY TAX ABATEMENT: DIAMOND MANUFACTURING COMPANY/MIDWEST, INC., AN INDIANA CORPORATION WHEREAS, the Michigan City Common Council, by Ordinance No. 2648, as subsequently amended, established a Tax Abatement Area in the City of Michigan City, Indiana, and a Tax Abatement Program (the “Program”) pursuant to the terms of I.C. 6-1.1-12.1-1, et seq; WHEREAS, the most recent amendment to Ordinance No. 2648 was Ordinance No. 3967, approved on January 3, 2004, whereby the designation of the Economic Revitalization Area and the Tax Abatement Program were extended to and shall expire on December 31, 2007; WHEREAS, under the terms of the Program, abatement benefits, among other things, are made available to owners of real estate upon which new construction has occurred and such benefits are made available as to owners of such property located anywhere within the city limits of the City of Michigan City, Indiana; WHEREAS, Diamond Manufacturing Company/Midwest, Inc., (Diamond”) has filed with this Council its Statements of Benefits on the forms provided by the Indiana State Board of Tax Commissioners and has provided this Council with a presentation in support thereof; and WHEREAS, this Council is satisfied that the Petitioner’s Statement of Benefits meets with the requirements of Ordinance Number 2648, as amended, as well as previous tax abatement resolutions adopted by the Common Council of Michigan City. 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 reference as if repeated in full. SECTION 2. That the Common council of the City of Michigan City hereby determines: September 18, 2007 Page 3 A. That the real estate improvements described in Diamond’s SB-1/RE will be used in conjunction with and for the purpose of Diamond’s manufacturing facility. The new building addition will allow tooling to be made in Michigan City, Indiana instead of purchasing tooling from other locations. The proposed addition to Diamond’s tooling facility will provide to Diamond the potential for the expansion of its business presence in its relevant market area and allow Diamond to remain competitive with its competitors in the market place. The proposed facility will assist Diamond in maintaining its existing employment and provide the potential for further employment. B. The equipment described on Diamond’s SB-1/PP, to include perforating presses, toll & die machinery and related equipment, is manufacturing equipment used in the direct production, manufacture and finishing of tangible personal property. C. With the construction of the new building addition and the adding of the additional equipment, the number of Diamond employees who will be retained as a result thereof are 48, the annual salaries of such employees being $1,584,002 and proposed additional employees are approximately 15, the projected estimated and projected annual salaries of such individuals being $405,000. D. Retention of employment, additional employment and the additional value of the real estate Improvements and employment as described in the Statements of Benefits are benefits which can be reasonably expected to result from the proposed project. E. That the benefits described justify the deductions which will occur in tax abatement for this project. F. That as a result of the above-referenced Resolutions and Ordinances, the deduction to which the petitioner is entitled to is ten (10) years with respect to the real property improvements and ten (10) years with respect to manufacturing equipment. G. That the location of the Petitioner’s manufacturing plant described herein (600 Royal Road, Michigan City, Indiana) is within the Michigan City Economic Revitalization Area and is legally described on Exhibit “A” attached hereto and incorporated herein. H. That the Statement of Benefits filed by the Petitioner meets the requirements of this Council and should be approved as submitted. I. That the grant of approval referred to herein are subject to the report and oversight provisions of applicable Ordinances of the City of Michigan City, Indiana. SECTION 3. The Common Council hereby accepts and approves the Statements of Benefits of the of the Petitioner, dated September 5, 2007, and hereby authorizes the signature thereof by the President of this Council and the attestation thereof by the City Clerk. SECTION 4. That said Statements of Benefits shall be treated as confidential in the manner provided by law. SECTION 5. This Resolution shall be in full force and effect after its adoption by the Michigan City Common Council. Introduced by: /s/ Phillip Jankowski Introduced by: /s/ Virginia Martin Councilwoman Martin moved to adopt the Resolution, seconded by Councilman Meer. Attorney Winski, representing Diamond Mfg., advised the Common Council that this Resolution is a combined resolution by the same entity requesting tax abatement for both real estate improvements and manufacturing equipment. Attorney Winski stated that he combined these into one resolution. September 18, 2007 Page 4 Council Attorney Meyer concurred with Attorney Winski regarding only one resolution in this matter. John Regetz, Executive Director with the Michigan City Economic Development Corporation, stated that Diamond Manufacturing has been a great success story with the use of their tax abatement, he urged the Council to support this resolution. The motion carried and the Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS Doyle, Jankowski, Martin, Meer, Milsap, Przybylinski, Baker, Boy, Corley (0), NAYS: None (0). ORDINANCES Council President Milsap directed City Clerk to read the first Ordinance on reading The Clerk read on first reading by title only, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA REGULATING SMOKE DETECTORS FOR RENTAL PROPERTIES, Sponsored by Evelyn Baker, Co-Sponsored by Pat Boy and Joe Doyle. Councilwoman Baker asked City Attorney Jennifer Evans to advise the board of the changes made and advised Councilwoman Martin, that a workshop will be scheduled prior to the next Council meeting. City Attorney Jennifer Evans advised the Council that the Code Committee discussed doing a workshop, and welcomes information and questions regarding this Ordinance from the general public and Council members. Attorney Evans stated the Fire Department will have representatives at the public meetings and workshop regarding enforcement of the Ordinance. Councilwoman Martin, Councilman Przybylinski agreed a workshop should be scheduled before the second (2nd) reading. President Milsap advised John Payton, 208 Indiana Ave, Valparaiso, a workshop will be scheduled that the general public is welcome to attend and give their input on this Ordinance. President Milsap asked if there were any other comments by the general public, hearing none, the Ordinance was held over for second reading. Council President Milsap directed City Clerk to read the first Ordinance on first reading: The Clerk read on first reading by title only, AN ORDINANCE TO AMEND MICHIGAN CITY ZONING ORDINANCES SECTION 160.005 AND 160.010(d) (1), PART OF THE MICHIGAN CITY COMPREHENSIVE ZONING ORDINANCE, as introduced by Pat Boy Councilwoman Boy stated that a workshop needs to be scheduled before the second reading, that the public’s participation is important and they have questions regarding this Ordinance City Attorney Evans advised Councilman Przybylinski regarding this Ordinance, that there was a committee formed to review the tower issues, their proposal was submitted to the Plan Commission which would delete the word “tower” out of the current zoning ordinance. City Attorney Evans responded to Troy Harrison, 103 Sherman Avenue, advising him that communication towers are covered under a different section of a zoning ordinance. Ms. Evans advised Mr. Harrison the definition of towers they refer to in this ordinance. September 18, 2007 Page 5 Jed Mandel, 203 Georgia Avenue, President of the Sheridan Beach Homer Owners Association, advised the Council that he had sent each council person an e-mail with concerns and questions regarding this Ordinance. Mr. Mandel stated their homeowners association is looking forward to attending the workshop. Rich Murphy, 217 Beach Walk Lane, commented that the neighbors and residents of Sheridan Beach have worked hard together regarding this Ordinance and that they are looking forward to getting involved at the work shop to make this a better Ordinance. Deanna Reichmuth, 338 Southwood Avenue, stated her concerns regarding our Lake Shore and what our definition of a tower is. City Attorney Evans addressed her issues regarding these matters; the scheduled work shop will answer questions Ms. Reichmuth may have. Council President Milsap asked if there where any other comments by the general public, hearing none, the Ordinance was held over for second reading. The Clerk read on third reading by title only, there being no objections, ORDINANCE 4009 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CTIY ESTABLISHING PROCEDURES FOR PETITIONING THE COUNCIL TO VACATE A PUBLIC WAY, PUBLIC PLACE, OR PLATTED EASEMENT WHEREAS, IC 36-7-3-12 and 36-7-3-16 requires that anyone wishing to vacate all or any part of a public way, public place, or platted easement in the City of Michigan City (City) to file a petition with the Michigan City Common Council (Council) requesting that the Council pass an ordinance vacating said public way or public place; and, WHEREAS, it is the Council’s responsibility, prior to making a decision on any such petition to review and consider all relevant evidence submitted by the petitioner, the opinions the Mayor and of all relevant City departments and agencies, and relevant information and objections from any remonstrators; and, WHEREAS, in order to provide for the orderly and efficient consideration of all such petitions by the Council, it is important that appropriate written procedures be established regarding the processing of such petitions be in the proper form and accompanied by any necessary documentation when they are filed with the Council and are placed on the Council’s agenda for consideration; and WHEREAS, it is important that the Council consider the recommendations of all City departments and agencies whose duties and responsibilities may be affected by the requested vacation; and, WHEREAS, because of its unique position as the lead planning Department of the City and its substantial experience in reviewing petitions and acquiring and receiving information regarding same, the Michigan City Planning Department is particularly suited to be the City agency to be responsible for insuring that all of the necessary written recommendations are submitted to the Council in a timely fashion; and, WHEREAS, IC 36-7-3-12 states certain minimum requirements that any petition to vacate a public way or public place must meet; requires the Council to hold a public hearing on a petition within thirty 30) days after it is received by the Council; and that notice of the hearing be given by the Clerk by advertising pursuant to IC 5-3-1 and certified mail to each owner of land that abuts the property proposed to be vacated. NOW THEREFORE, BE IT RESOLVED by the Common Council of Michigan City that: 1. Beginning upon the adoption of this Ordinance, any person wishing to petition the Council to vacate a public way or public place in the City shall file a petition with the Council which contains, at a minimum, the following information: September 18, 2007 Page 6 a. The name, address, and telephone number of the petitioner; b. The petitioner’s ownership or other interest in any lots or parts of lots in the City; c. The petitioner’s desire to vacate all or part of a public way or public place in or contiguous to those lots or parts of lots; d. Stating the circumstances of the case, why the petitioner wants the vacation, and why the requested vacation would be in the best interest of the City and its citizens; e. A precise legal description of the property petitioner requests be vacated; and f. The names and addresses of all owners of land that abuts the property petitioner requests to be vacated g. The petitioner may use the form provided by the City to file the petition or may prepare his own on 8-1/2” X 11 white paper. Any such petition shall have as its caption “Petition of __(insert name of Petitioner)_ to the Michigan City Common Council to Vacate a Public Way (or Public Place, as appropriate)” and shall be signed and verified by the petitioner to be true and accurate to the best of his knowledge and belief. h. A proposed form of ordinance shall be filed by the petitioner with his petition. i. The petition must either be filed directly with the Council during the Public Comment portion of a public meeting of the Council or with the Michigan City, City Clerk (Clerk). However, any petition filed with the Clerk shall not be considered received by the Council until the next public meeting of the Council. j. No petition shall be deemed received by the Council until it substantially meets all of the above requirements. 2. After the Council receives any such petition, the Clerk shall cause a copy of the petition and any documents submitted therewith to be provided to each of the following persons, departments, and agencies for their review and recommendation: Mayor, City Attorney, City Engineer, Planning Director, Police Department, Fire Department, Sanitation Department, Sanitary District, Water Department, Park Department, and Redevelopment Department. 3. Each of said persons, departments, and agencies shall submit their written recommendation to the Council at or before the public hearing held by the Councilon the petition. The Clerk shall provide them the date, time, and place of said public hearing as soon as practicable after the filing of the petition with the Council. 4. The Clerk shall give notice of the petition and of the time, date, and place of the public hearing thereon in the manner prescribed in IC 5-3-1 and by certified mail to each owner of land that abuts the property proposed to be vacated as set forth in the petition. The petition shall pay the expense of providing all notices and no petition shall be considered to be received by the Council until said expenses are paid to the Clerk. The Clerk may allow the petitioner to provide the notice to abutting landowners by certified mail but the return address on the green cards must be that of the Clerk and the mailing must be performed in a timely manner so that the green cards must be that of the Clerk and the mailing must be performed in a timely manner so that the green cards are received by the Clerk at least five (5) days before the date of the public hearing stated in the mailed notice 5. At the public hearing on the petition: a. The petitioner may make a statement in support of his petition and submit additional relevant documentary evidence. b. Members of the public may speak in support of the petition. c. Any person aggrieved by the proposed vacation may, pursuant to IC 36-7-3-13, object to the petition on one or more of the following grounds: i) The vacation would hinder the growth or orderly development of the City or neighborhood in which it is located or to which it is contiguous; ii) The vacation would make access to the lands of the aggrieved person by means of a public way difficult or inconvenient; iii) The vacation would hinder the public’s access to a church, school, or other public building or place; and iv) The vacation would hinder use of a public way by the neighborhood in which it is located or to which it is contiguous. 6. Unless an emergency is properly declared by the Council immediately after the public hearing on a petition, the Council will decide whether to approve the requested vacation at a subsequent public meeting after having given whatever consideration is appropriate to all relevant information it has received in arriving at its determination as to whether the requested vacation is in the best interest of, and of benefit to, the City and all of its citizens. If the Council decides to grant the petition, it will adopt an appropriate ordinance accordingly. 7. The Council may decide not to approve any petition as to which the petitioner failed to submit a petition that complies with all of the requirements of this Ordinance or of a petitioner who September 18, 2007 Page 7 knowingly and intentionally provides false information to the Council regarding the petition, either in the petition or otherwise. 8. After the termination of a vacation proceeding under this Ordinance, a subsequent vacation proceeding under this Ordinance affecting the same property and asking for the same relief may not be initiated within two (2) years after the termination of the proceedings. 9. Any part of any prior ordinance or resolution which conflicts with this Ordinance shall be deemed to be repealed upon passage of this Ordinance. 10. If any part of this Ordinance is held to be invalid by a court of competent jurisdiction the remaining parts of the Ordinance not so held will remain in full force and affect. 11. This Ordinance shall be in full force and affect upon passage by the Council and approval by the Mayor. Introduced by: /s/ Angelo Corley______ /s/ Virginia Martin_______ Councilwoman Martin moved to adopt the Resolution, seconded by Councilman Corley. President Milsap asked if there were any questions or comments by the public and hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Jankowski, Martin, Meer, Milsap, Przybylinski, Baker, Boy, Corley, Doyle (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE CITY CLERK, MAYOR, AND ALL COMMON COUNCIL MEMBERS, Introduced by, Phillip Jankowski, Councilman Jankowski moved to table the Ordinance until the next Council Meeting (October 2, 2007), seconded by Councilman Przybylinski. The motion failed to table the Ordinance by the following vote: AYES COUNCIL MEMBERS Meer, Przybylinski, Doyle, and Jankowski (4) NAYS: Martin, Milsap, Baker, Boy, and Corley (5). John Schafer, City Controller advised the Council the reason to table the Ordinance until the next Council Meeting (October 2, 2007). Councilwoman Martin moved to rescind their vote, seconded by Councilwoman Boy. The motion carried and the vote to rescind their vote carried as follows: AYES: Meer, Milsap, Przybylinski, Baker, Boy, Corley, Doyle, Jankowski, and Martin (9). NAYS: None (0). Councilman Meer moved to table the Ordinance until the next Council Meeting (October 2, 2007), seconded by Councilman Przybylinski. The motion was carried by the following vote: AYES: Milsap, Przybylinski, Baker, Boy, Corley, Doyle, Jankowski, Martin (9). NAYS: None (0). Council President Milsap stated that the Ordinance will be tabled until the next Council Meeting (October 2, 2007). The Clerk read on third 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 2008, introduced by Phil Jankowski. September 18, 2007 Page 8 ORDINANCE NO. __________ AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2008 WHEREAS, the Mayor must fix the salaries and wages of appointed officials of the City of Michigan City; and WHEREAS, the Common Council of the City of Michigan City must, pursuant to IC 36-4-7-3, fix other said salaries and wages by ordinance; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that: Section 1. Salaries and wages for employees and appointed officials be set for the year 2008, as follows: (Positions covered by collective bargaining agreements are marked with *) Annual Salary Hourly Rate or Rate Per Annualized Hour Bi-Weekly (informational) CITY EMPLOYEES Controller's Office: Controller $51,920.18 $1,996.93 Assistant Controller $51,891.84 $1,995.84 Payroll Clerk* $15.70 $1,256.00 $32,656.00 Secretary II* $12.91 $1,032.80 $26,852.80 Clerk's Office: Deputy Clerk $16.31 $1,304.80 $33,924.80 Assistant Deputy Clerk $13.63 $1,090.40 $28,350.40 Mayor's Office: Administrator $18.44 $1,475.20 $38,355.20 Executive Secretary $14.28 $1,142.40 $29,702.40 Planning & Inspection: Plan Director $50,947.00 $1,959.50 Zoning Administrator $17.12 $1,369.60 $35,609.60 Administrative Assistant $13.63 $1,090.40 $28,350.40 Secretary II $12.91 $1,032.80 $26,852.80 Draftsman/Aide $14.60 $1,168.00 $30,368.00 Inspector $17.12 $1,369.60 $35,609.60 Board Secretary $600.00 Personnel: Director $46,441.46 $1,786.21 Central Maintenance: Superintendent $46,441.46 $1,786.21 Assistant Superintendent $18.44 $1,475.20 $38,355.20 Mechanic* $20.76 $1,660.80 $43,180.80 Washer/Helper* $15.30 $1,224.00 $31,824.00 City Hall: Maintenance Supervisor $18.44 $1,475.20 $38,355.20 Custodian II $12.13 $970.40 $25,230.40 Custodian I (Part-Time) $9.99 Attorney: Corporation Counsel $46,441.46 $1,786.21 Deputy City Attorney $41,971.80 $1,614.30 Office Manager II $18.44 $1,475.20 $38,355.20 Municipal Coach: Director $40,857.70 $1,571.45 Assistant Director $17.12 $1,369.60 $35,609.60 Driver* $14.60 $1,168.00 $30,368.00 Driver (Part Time) $14.60 Secretary I* $11.97 $957.60 $24,897.60 Engineering: City Engineer $46,441.46 $1,786.21 Engineering Technician $17.49 $1,399.20 $36,379.20 September 18, 2007 Page 9 Human Rights: Director $46,441.46 $1,786.21 Assistant Director $14.28 $1,142.40 $29,702.40 Secretary I* $12.59 $1,007.20 $26,187.20 Emergency Management: Director $46,441.46 $1,786.21 Fire Department: Chief $60,147.36 $2,313.36 Deputy Chief $56,212.52 $2,162.02 Fire Marshall $51,781.60 $1,991.60 Training Officer $51,781.60 $1,991.60 Executive Secretary* $14.28 $1,142.40 $29,702.40 Secretary I (Part-Time) $11.56 Police Department: Chief $60,147.36 $2,313.36 Deputy Chief $56,212.52 $2,162.02 Dispatcher* $27,659.04 $1,063.81 Executive Secretary* $14.28 $1,142.4 $29,702.40 Secretary I* $11.97 $957.60 $24,897.60 Secretary II* $12.91 $1,032.80 $26,852.80 Secretary I (Part-Time) $11.56 Maintenance Foreman* $14.60 $1,168.00 $30,368.00 Janitor/Washer* $10.76 $860.80 $22,380.80 Crossing Guard $5,240.58 Central Services: Superintendent $46,441.46 $1,786.21 Forrester $40,857.70 $1,571.45 Office Manager II $18.44 $1,475.20 $38,355.20 Secretary II* $12.91 $1,032.80 $26,852.80 Refuse Superintendent $5,000.00 Vector Control: Vector Control Officer $17.48 $1,398.40 $36,358.40 Seasonal Laborer $6.50 to $9.00 Animal Control: Animal Control Officer $14.60 $1,168.00 $30,368.00 Asst. Animal Control Officer/ Summer Youth Coordinator $14.55 $1,164.00 $30,264.00 Street Department: Director $40,857.70 $1,571.45 Operator* $15.89 $1,271.20 $33,051.20 Driver* $14.31 $1,144.80 $29,764.80 Helper* $12.75 $1,020.00 $26,520.00 Janitor* $10.39 $831.20 $21,611.20 Barker Civic Center: Department Head $28,359.76 $1,090.76 Custodian I $10.56 $844.80 $21,964.80 Tour Guide (Part-Time) $8.00 to $10.00 Curator (Part-Time) $8.00 to $10.00 Temporary/Seasonal Laborer $7.50 to $9.00 Aviation: Airport Manager $46,441.46 $1,786.21 Foreman $14.24 $1,139.20 $29,619.20 Laborer $11.79 $943.20 $24,523.20 Temporary/Seasonal Laborer $7.50 to $9.00 Cemetery: Superintendent $46,441.46 $1,786.21 Secretary II $12.91 $1,032.80 $26,852.80 Secretary I $11.97 $957.60 $24,897.60 Greenwood Working Foreman $15.39 $1,231.20 $32,011.20 Swan Lake Lead Man $14.89 $1,191.20 $30,971.20 Mechanic/Driver $14.19 $1,135.20 $29,515.20 Laborer/Driver $13.49 $1,079.20 $28,059.20 Temporary/Seasonal Laborer $7.50 to $9.00 Substitute Secretary $11.56 September 18, 2007 Page 10 Fire & Police Pension Funds: Secretary $2,400.00 BOARD/COMMISSION MEMBERS Police and Fire Commissioners $1,800.00 Section 2. The fringe benefit program provided by the City includes vacation pay, participation in the Public Employees Retirement Fund (PERF), and sick leave, as defined in the City Employee Handbook for non-contract, full-time employees in the following departments: Mayor, Controller, Clerk, Engineer, Personnel, City Hall Maintenance, Attorney, Planning & Inspection, Cemetery, Police, Fire, Aviation, Human Rights, Emergency Management, Central Services, Tree Board, Vector Control, Animal Control, Street, Municipal Coach, Central Maintenance, and Barker Civic Center. Also included in the fringe benefit program are: the City Engineer, who shall maintain a minimum of eight (8) hours per week as well as serving on or attending the meetings of the Board of Public Works & Safety and Plan Commission; the Corporation Counsel and City Attorney, who shall maintain eight (8) hours per week each, represent City departments in grievances, participate in all contract negotiations, represent and attend the meetings of the Board of Public Works & Safety, and prosecute ordinance violations; and the City Controller, who shall maintain a minimum of eight (8) hours per week as well as serving on the Board of Public Works & Safety and attending semi-monthly meetings of the Common Council as needed. Section 3. For full-time employees in the Animal Control Department, the fringe benefit program provided by the City includes certification pay at the rate of $500 per year per certification with a maximum of three (3) certifications to be divided and included with the bi-weekly pay. Section 4. The fringe benefit program is further defined as providing a longevity program for non-contract employees who have worked three (3) or more years continuously in a full-time capacity, the financial increment being $450 for each three (3) year of service with a maximum of $3,600. Section 5. All salaries are annual except in those years where a bi-weekly payroll requires twenty-seven (27) pays, in which years the bi-weekly salary shall be used except for members of boards and commissions. Set salaries are in effect for all payrolls issued in the calendar year governed by this ordinance. When the salary is not evenly divisible by 26, the first payroll of the year will be adjusted with the remaining payrolls made at the bi-weekly rate. Section 6. All salaries and fringe benefits for union workers are subject to the terms, conditions, and limitations specified in the respective labor contracts for the year governed by this ordinance. Section 7. Members of the Human Rights Commission, Plan Commission, Board of Zoning Appeals, Historic Review Board, Tree Board, Commission on the Social Status of African-American Males, and Board of Public Works & Safety shall be paid quarterly at the rate of $50 per month only if the member attends the regularly scheduled meetings with a maximum compensation of $600 per year. Council Members and Department Heads who serve on these bodies shall not receive the per diem. Section 8. This ordinance shall be in force and effect after passage by the Common Council and approval by the Mayor. INTRODUCED BY: /S/ Phillip Jankowski Councilman Jankowski moved to adopt the Ordinance, seconded by Councilman Doyle. Council President Milsap asked if there were any comments or questions from the Council or general public hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Przybylinski, Baker, Boy, Corley, Doyle, Jankowski, Martin, Meer, and Milsap (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, ORDINANCE 4011 ORDINANCE FOR APPROPRIATIONS AND TAX RATES Be it Ordained by the City of Michigan City, Indiana: That for the expenses of the City government and its institutions for the year ending December 31, 2008, the sums of money shown on Budget Form 4-A are hereby appropriated and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition for the purpose of raising revenue to meet the necessary expense of city government, tax rates are shown on Budget Form 4-B and included herein. Two (2) copies of Budget Form 4-A and 4-B for all funds and departments are made a part of the budget report and submitted herewith. Introduced by: /s/ Phillip Jankowski September 18, 2007 Page 11 Councilman Jankowski moved to adopt the Ordinance, seconded by Councilwoman Martin. Councilman Przybylinski commented on the proposed appropriation for 2008 regarding the CAGIT distribution. John Schaefer, City Controller, advised Mr. Przybylinski the CADGET tax distribution is reported as property tax replacement credits and is used to offset the property taxes in the general fund. Mr. Schaefer stated that the 2008 budget documents it shows property tax replacement credit at $520,000. Councilman Przybylinski commented on the amortization schedule for different bonds issued to the City and his concerns regarding how the balances are being paid. Councilman Przybylinski stated that the City budget set aside money to give back to the people in the community for property tax replacement. Mr. Przybylinski commented that the City is only doing what is mandated by the State Legislation. Deanna Reichmuth, 338 Southwood Avenue, stated her concerns regarding a community center for our youth being built and the YMCA facilities being closed. Councilman Przybylinski advised Ms. Reichmuth that several years ago he addressed the administration regarding an allocation for the YMCA and that he has tried to get financial help for the YMCA. Councilman Meer, commented to Ms. Reichmuth that there are many organizations that have struggled in our community, that haven’t seen much out reach or anyone stepping up and assisting them. (HOPE program, Martin Luther King Center). Mr. Meer stated that there was poor management happening at the YMCA, that it is important to realize some of what happened at the YMCA was internal. Council President Milsap asked if there were any other comments by the general public, hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Baker, Boy, Doyle, Jankowski, Martin, Meer, and Milsap, (7). NAYS: COUNCIL MEMBERS Corley and Przybylinski (2) ACCEPTED. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS The Clerk read the first item under New Business, Mayor Oberlie has requested advice and consent for the appointment of Ms. Kathy Ceperich as a Member of the Michigan City Tree Board (replacing Mr. Robert Frame). Councilwoman Boy stated Ms. Ceperich has been working with the Tree Board on different events. Mrs. Boy moved to appoint Ms. Kathy Ceperich to the Tree Board, seconded by Councilman Doyle. The motion was carried by the following vote: AYES: COUNCIL MEMBERS Boy, Corley, Doyle, Jankowski, Martin, Meer, Milsap, Przybylinski and Baker (9). NAYS: None (0). Council President Milsap stated that a Council appointment is necessary for the Commission of Social Status of African-American Males for the unexpired term of Ms. Rebecca Williams (expiration date 02-01-08). Councilwoman Martin commented that she was from the HOPE Program and we should consider someone from The HOPE organization. President Milsap stated this matter will be brought up at the next Council meeting (October 2, 2007). September 18, 2007 Page 12 Councilman Meer reported on the LaPorte County Council Meeting he attended regarding county owned properties within the Corporate City Limits of Michigan City. Councilman Meer advised President Milsap there are approximately 115 lots that are in the corporate city limits of Michigan City. Mr. Meer stated that the County is working on a map showing the locations. Mr. Meer advised the Council, the City would have to take all 115 parcels or nothing. Earl Cunningham, LaPorte County Council advised the Council that some of the 115 parcels have value and others have a negative value or are brown fields. Mr. Cunningham commented that the County doesn’t have the funds to mow 115 lots every two weeks. The County will give the City these parcels, of which twenty (20) or thirty (30) parcels may be of great value to be used in the redevelopment plans for the City and some that and the City would be able to take care of them on a regular bases. Mr. Cunningham answered questions and concerns Councilman Przybylinski had regarding the parcels. Councilman Meer asked Attorney Meyer to draft a letter to the County Commissioners, the Council, Redevelopment Commission , John Pugh and Mayor Oberlie regarding these parcels to see what the City’s options are and provide a map stating their locations. Mr. Cunningham advised the Council that the County GIS is working on a map showing each parcel location. City Attorney Evans advised Mr. Przybylinski that people in the community are being ticketed for vector or sanitation violations. These tickets are being processed thru the City Attorney’s office regarding prosecution if the violations are not paid. City Attorney Evans stated there is a two step process regarding these tickets, being that the City receives the most money from the violation if it is paid at City Hall. The first letter is sent out by regular mail advising them of the violation and how the person can correct it and where they can pay. The second notice is an actual summons and is sent by certified mail so that if we need to pursue further action for court, they can be given a court date. Keith Devereaux, 221 Columbia Street, commented on crime and drug deals going on in his neighborhood and the response time he receives when calling the Michigan City Police Department for help. Mike Rivera, representing the NAACP of LaPorte County reported on the Fire Merit Commission meeting that he attended regarding the Consent Decree from 1978 and the hiring procedures of the Michigan City Fire Department. Councilwoman Pat Boy commented on procedures the Michigan City Fire Merit Commission takes regarding the hiring at the present time for the Michigan City Fire Department. Mike Rivera responded to Mrs. Boy comments. There was a discussion between Councilwoman Boy, Councilman Meer and City Council Attorney Meyer regarding the Consent Decree from 1978 regarding the hiring procedures of Firefighters in Michigan City. City Attorney Jennifer Evans stated that at this time the City’s Legal Department is working in conjunction with the attorney of the Fire Merit Commission and the attorney for the Human Rights Department. Ms. Evans reported she also received information from Council Attorney Meyers regarding this Decree. Attorney Evans advised there is a meeting October 9, 2007 with the Mayor, President Milsap and each attorney mentioned regarding this matter. Council President Milsap advised Councilman Przybylinski, that the meeting on October 9, 2007 will hopefully bring information regarding the Consent Decree from 1978 to the Council, advising them what direction to take. Darlene Repogle wanted to thank Councilman Przybylinski for his concern regarding the rental property owners. Ms. Repogle advised Councilman Meer that you can not walk the streets in Edgewood, that crime is everywhere in the City. Wesley Scully, 508 Pine Tree Drive, commented on his concerns regarding the Consent Decree from 1978, regarding the hiring of Michigan City Firefighters. September 18, 2007 Page 13 Larry Silvestri, 414 E. Coolspring Avenue, stated his opinion regarding the Consent Decree and the procedures being done now in the hiring of a Michigan City Firefighter and the percentages of the City’s racial makeup on the Fire Department. Mr. Silvestri commented one requirement should be they need to live in the City Limits. Councilwoman Boy responded to Mr. Silvestri that until last year the firefighters had an advantage if they had fire experience, but last year they changed the Ordinance to general aptitude. Ron Miller, WEFM Radio, asked what the amount of money has been spent to fight the Pahs Road Complex to date? President Milsap directed this questions to John Schaefer, City Controller. Mr. Schaefer stated he would furnish the information to Mr. Miller, he did not know the exact amount. COMMENTS FROM THE COUNCIL There were no comments from the Council. COMMENTS FROM THE PUBLIC There were no comments by the public. ADJOURNMENT On motion by Councilman Doyle, supported by the majority of the Council, and there being no further business to transact, President Milsap declared the meeting ADJOURNED (approximately 9:40 p.m.). _____________________________ Thomas F. Fedder, City Clerk