City Council

REGULAR MEETING – MAY 21, 2013 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, May 21, 2013 at the hour of 6:30 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 6:30 p.m. by Council President Parry. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Tim Bietry, Joe Doyle, Richard Murphy, Marc Espar, Don Przybylinski, Ron Hamilton, Duane Parry, and Chris Schwanke (8). ABSENT: Pat Boy (1). A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Gale Neulieb - City Clerk, Kim Sliwa – Deputy Clerk, and Council Attorney– James Meyer APPROVAL OF MINUTES President Parry inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of May 7, 2013. Councilman Przybylinski made a motion to approve the Regular meeting minutes held on May 7, 2013, second by Councilman Schwanke. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilman Doyle presented the following Park and Recreation Committee minutes that was held on May 10, 2013 at 5:30 p.m. to review the status of the Washington Park Greenhouse Restoration Project. In attendance were Committee members Doyle, Hamilton and Parry, Councilman Schwanke, Park Board members, Dabney, Powers, Latchford, Freeze, Attorney Katz, City Controller Donna Pappas, Park Dept. Supt. Orlich and Project Designer Kahlil. A review of the project schedule was conducted, along with bid documents and alternate pricing to be requested. An option to demolish the existing building and build a completely identical replica was discussed and agreed upon to be included in the bid documents for pricing. Agreement was made to proceed with the bid process and the meeting was adjourned at 6:45 p.m. President Parry stated the Finance Committee met prior to the Council meeting advising Committee members Bietry, Parry, and Przybylinski were present, the Committee unanimously recommended approval for the Riverboat Fund #9000 in the amount of $111,950.18 and no claims were filed against Boyd Development Fund #0417. Page 2 May 21, 2013 REPORTS OF SPECIAL OR SELECT COMMITTEES Councilman Ron Hamilton presented the following Council Redistricting Committee meeting minutes from May 13, 2013. Present were Chairman Hamilton, Committee member Doyle, Councilman Przybylinski, Councilman Parry, and Councilwoman Boy. Chairman Hamilton called the meeting to order at 6:00 p.m. and the two authors discussed the changes done on the ward map to get the percent of variation under 10 percent. After looking at the map and having no questions from anyone present, Committee member Doyle made a motion to recommend the approval and Chairman Hamilton second the motion. Roll was called and the Committee’s recommendations was to approve. The meeting ended at 6:10 p.m. Councilman Bietry presented the following Select Committee on Human Rights Oversight minutes that was held on Wednesday, May 15, 2013 PRESENT: Chairperson Tim Bietry, Councilman Don Przybylinski, Councilman Rich Murphy, Human Rights Director Dr. Angela Jackson, Human Rights Office Manager SoJo Atwater, Director of Career and Tech Education Audra Peterson, Sharon Carnes, Larry Silvestri, Sally Thomas, Ryan Fly, Brett Kelly, H. Mitchell, John Pavy, and JoAnn Engquist. There was much discussion about how to ensure compliance with the Hiring Ordinance (referred to as “the ordinance”) prior to pre-award. Mr. Bietry and Dr. Jackson summarized two recent events where project engineers recommended low bidder for approval when all were informed that the low bidder was not in compliance. This practice must stop. It was agreed that projects should be awarded to the lowest, responsible bidder. Responsible was defined, in part, by the completion of all necessary paperwork for compliance with the ordinance. Some attendees summarized their experiences with local employers and felt as though they were not being told the truth about employment opportunities and were, in some cases, being discriminated against. There was much discussion about unions and how they determine who may be assigned to a particular project. It was stated that union can sponsor non-members for a project but it is frowned upon when said union has card- holding members on a list for hire. However, it was recognized that the City Council has no control over how unions conduct their business. City Council is a legislative body and enforcement of Council ordinances falls within the role of the Mayor as chief executive for the City. It was decided that the Oversight Committee would ask for a meeting with Mayor Meer and request to meet with all City department heads to emphasize that this ordinance must be honored in letter and spirit. If the decision is not to enforce the ordinance, then it needs to be rewritten. Furthermore, members of the Oversight Committee agreed that at least one member would accompany Dr. Jackson to all pre-award meetings to offer support for her, her office, and the ordinance. If they had been assigned, it is likely that the project would have been in compliance. Members from the community were informed that Joree Richards is still signing interested individuals up for the Indiana Plan and they were encouraged to apply. Although the goal of the ordinance is to get local hires for public projects at, or about, $200K; it was recognized that the long range goal for us should be to raise the overall level of workforce skills for our displaced workers and thereby make them an attractive permanent hire for area companies. This is a challenge that will involve effective partnerships with local schools, post secondary institutions, and organizations like Work Page 3 May 21, 2013 One and the Center of Workforce Innovations. This effort is at the center of House Bill 1002 which was signed by Governor Pence and created the Career Council for the State of Indiana. We need to do all we can at the local level to support this state initiative. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS Mayor Ron Meer presented the State of the City Address “Moving Forward”. CLAIM DOCKETS President Parry stated the Claims for Fund #9000 – Riverboat was $111,950.18 and no claims for Fund #0417 – Boyd Development. President Parry asked if there were any other comments and hearing none, a motion by Councilman Bietry was made, second by Councilman Przybylinski and was approved. Motion carried 8 – 0. PETITIONS There were no petitions. COMMUNICATIONS The Clerk read the following letter received in the Clerk’s Office on May 21, 2013 from Mr. Neil Kienitz; For at least the past six years the issue of South Shore track alignment has been studied and discussed by numerous entities and individuals. These studies and discussions have involved many thousands of hours and have included hundreds of knowledgeable, informed individuals, most of whom, I believe, have had and continue to have the best interests of Michigan City at heart. This issue has been a huge struggle for everyone involved, recognizing that there is no perfect solution concerning alignment and design and that there will never be 100% agreement no matter how long the design studies and discussions continue. But the administration, City council and citizens of Michigan City have an obligation to continue this struggle until there is some kind of agreement. This is an absolutely huge decision that we are asking and I fail to see any harm in participating in the public workshop that is being planned to take place very likely within the next few weeks. We need to have as much information as possible in front of us. To Mr. Hamilton and others who are planning on supporting this resolution, I ask, “Why are you apparently so determined to pass this resolution before the public workshop occurs? What are you afraid of? The articles in the News Dispatch give no reasonable explanation of your motives concerning time. It is, to say the least, definitely suspect.” To the entire Council, my request and recommendation is that this resolution be tabled until after the public workshop. After all of the time and effort that has been expended concerning this issue, a few more weeks won’t make any difference. Thank you for your consideration concerning this critical issue. RESOLUTIONS The Clerk read the following resolution by title only, APPROVING AN ENTERPRISE ZONE INVESTMENT DEDUCTION FOR SHORELINE BREWERY IN THE TAX INCREMENT FINANCING DISTRICT Introduced by: Rich Murphy Page 4 May 21, 2013 Councilman Murphy stated for the last two weeks he has been in communication with the business owners Dan and Dave Strupeck, their Attorney, the City Attorney and the County Auditor advising they have some questions answered but still have some other questions that need to be addressed. Councilman Murphy stated Councilman Bietry has scheduled a Council Tax Abatement Committee Meeting for Tuesday, May 28, 2013 where this proposed resolution along with the next two proposed resolutions will be reviewed and discuss. Council Murphy advised that at the Urban Enterprise Association meeting held last evening (May 20, 2013) approved a motion to recommend approval of these tax credits for Shoreline Brewery. Councilman Murphy advised he would like to withdraw his sponsorship on the proposed resolution along with the two following proposed resolutions at this point and reintroduce them after the committee meeting. • APPROVING AN ENTERPRISE ZONE INVESTMENT DEDUCTION FOR JOSABE L.L.C. IN THE TAXINCREMENT FINANCING DISTRICT Introduced by: Rich Murphy and • APPROVING AN ENTERPRISE ZONE INVESTMENT DEDUCTION FOR SANDS L.L.C. IN THE TAX INCREMENT FINANCING DISTRICT Introduced by: Rich Murphy President Parry stated the three (3) proposed resolutions are now withdrawn. The Clerk read the following resolution in its entirety, OPPOSING DOUBLE TRACK CONFIGURATION ON 10TH AND 11TH STREETS FOR THE NEW SOUTH SHORE RAIL CORRIDOR THROUGH MICHIGAN CITY WHEREAS, the City and the Northern Indiana Commuter Transportation District (referred to hereinafter as “NICTD”) have spent considerable time and effort reviewing options identified by the Tiger II Planning Grant regarding the proposed federal mandate to upgrade the existing NICTD South Shore street-running railroad operations; WHEREAS, the City and NICTD are currently exploring the “central option” identified through the Tiger II Planning Grant process, and more specifically are examining the feasibility and impact of a double track alignment in the 10th and11th Street right-of-ways; WHEREAS, the proposed double track alignment in the 10th and11th Streets right-of- ways will cause at least seventeen (17) of the thirty-four (34) existing at-grade street crossings to become cul-de-sacs; WHEREAS, in addition to the permanent at-grade crossings, the proposed double track would require the acquisition and removal of private homes, businesses, and other privately owned buildings in order to establish the new right-of-ways, station facilities, and related railroad operations. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, LaPorte County, Indiana, as follows: The Michigan City Common Council does not support the proposed double track alignment in the 10th and11th Street right-of-ways, including any proposals to move the double track south of 10th Street. Page 5 May 21, 2013 This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. Introduced By: Ron Hamilton Councilman Hamilton stated since he proposed this resolution and printed in the paper his telephone number his phone has been ringing off the hook and every phone call has been positive and in support of this resolution, not one negative comment from the public. Councilman Hamilton publicly thanked all the residents that called and supported this resolution; it shows we are on the right track. Councilman Hamilton advised to keep the Council informed, on February 26th all Council members received via email the 11th Street option from Bill Schaefer,Trans System and then a revised version was sent to each Council member on May 6th. Councilman Hamilton stated he would like to remind everyone of all the people that signed the petition to the tune of over one thousand and was presented to the previous City Council, voicing their displeasure of closing down seventeen (17) street crossings and having a double track on 11th Street. Comments were made by the following citizens regarding the proposed resolutions; Margaret Picur -1009 Tennessee Street, Bill Frank – Michigan City, Andreu Patikas – 611 Walker Street, Donell Mohammed – 3313 Salem Court, Greg Tuell – 1527 E .8th Street, Sharon Carnes – 314 Kenwood Place, Rich Cain – 212 Williams Street, Robert Murray – 218 Autumn Trail, Angie Nelson – 714 Minnie Street, Nancy Moldenhauer – 107 Kay Lane, Don Babcock – 135 Sherwood Drive, Larry Silvestri – 314 Kenwood Place, Mayor Meer, and Craig Phillips Michigan City Planning Director. Councilman Murphy stated he believes the proposed resolution is premature, strongly urging the Council not to support it for three (3) main reasons; (1) A disregard for the vital public input from citizens of Michigan City who haven’t seen the final presentation of this new and improved 11th Street concept. Councilman Murphy asked everyone to note the new proposed 11th Street central alignment concept is not the concept that NICTD proposed in 2009; advising this is a new concept that this Council has not seen. Councilman Murphy stated his concerns regarding the proposed resolution being brought forward at this time knowing there are plans and an agreement to schedule a public meeting in the next few weeks to introduce the new 11th Street alignment concept. Councilman Murphy asked to let the Council and the public see the facts, details, and drawings and then ask any questions they might have. Councilman Murphy stated his second reason for asking the Council to vote against the proposed resolution is he believes this resolution goes against the rules of engagement regarding the federally and locally funded Tiger II Project which is essentially in negotiation with NICTD. Councilman Murphy stated Councilman Hamilton agreed to take options and move forward not scheduling a meeting to introduce the details of the new 11th Street alignment concept publicly vetted. Councilman Murphy advised at the April 11, 2013 MOG meeting Councilman Hamilton agreed to schedule this meeting and to date has not done that, stating this is unacceptable for an issue of this magnitude for our community. Councilman Murphy stated his third reason why he is asking the Council to vote against the proposed resolution is that it goes against our duty as a Council to be fisically responsible and guard our tax payer monies. Councilman Murphy addressed the Council regarding the dollar amounts that have been spent on consultants and studies and could be wasted if the proposed resolution is adopted. Councilman Murphy advised the new concept proposes to minimize any negative impact on Michigan City while still achieving the positive economic impact and achieving NICTD’s goals as well. Councilman Murphy stated great efforts have been taken by both Page 6 May 21, 2013 NICTD and the City to achieve compromise. Councilman Murphy urged the Council not to act before thinking about the implications, schedule the public work shop, properly vet the alternative and then take your position. Councilman Espar addressed the Council regarding the process of jumping the gun and rushing to judgment, pointing out that past Council by unanimous consent/decision commanded the consultants to do what they were hired to do and that was study all the options, receive public input and present the findings to this Council and the City to make an inform decision. Councilman Espar stated just before the final report is released the Council has before them a proposed resolution that is going to usurp that process and inject this resolution. Councilman Espar asked what purpose does it serve to vote on the proposed resolution before having the public workshop without receiving the new 11th Street alignment concept and before the Council takes a vote on it. President Parry stated, “In reference to what you said Mr. Murphy, this has not been a public process; the public has not had much input in it – this Council has not had much input in it. Another thought, when you talk about what it does to 11th Street; it’s totally different than the original scheme along 11th Street. When you have a street that is 36 feet wide, and you’re going to put 66 feet of railroad in there – something’s got to give….something’s going to be devastated. So don’t tell me this is not going to have any effect on that street.” Councilman Murphy addressed Council President Parry’s comments advising he hasn’t seen the final proposed plans, asking to put forth the presentation and then take a position that you feel is best. President Parry advised he didn’t engage him (Councilman Murphy) in debate, that he was not going to vacate the Chair. President Parry made the following statement; It is very important the public understands this resolution we have before us is not a knee jerk premature act, nor is it by any means a refusal to allow the Northern Indiana Commuter Transportation District (NICTD) to run commuter trains, or South Shore Railroad to carry freight through Michigan City along 10th and 11th Streets, but solely an effort to prevent that from being done on two (2) separate tracks along that route throughout the entire city. I have reviewed the track system drawings generated by NICTD, and I along with every person I have shared these drawings with see no improvement or benefit to Michigan City, but only negative impact by interruption of public, municipal community service, traffic flow, as well as devastation to residents and businesses along the 10th and 11th Street corridor. Unlike previous changes that were made to the downtown area, which the City was able to modify or reverse, this landscape modification is one that once made cannot be fixed or reversed, because the area affected will no longer be the property of Michigan City. By this resolution I want to hit the pause button in the route selection step of the realignment process, and replace presentation after presentation that doesn’t reflect community input, with forum discussion and agreement between affected citizens, businesses, the City Council, the Mayor and his advisors, NICTD, South Shore Railroad, CSX Railroad, and Amtrak working together to create a common route corridor, beneficial to all rail entities, but not detrimental to Michigan City’s well being. As I see it, something like “A community Advisory Council consisting of civic and business leaders as well as a representative sample of affected property owners that will work closely with the City of Michigan City and NICTD throughout the investigative, assessment, selection, planning, design and implementation of the project.” This is paragraph 9 Resolution No. 4435 passed 12/2/2009 by the last Michigan City Council. That Council approved a quality approach to this project, but since then the plan has become tainted. Page 7 May 21, 2013 I ask my fellow Council members to hit the pause button by supporting this resolution, bring everyone to the table as originally intended, and move this project on the correct track to benefit all involved. Councilman Przybylinski addressed the Council regarding the maps that Councilman Hamilton supplied each Council member; stating he did some footwork on his own taking measurements of 11th Street asking to envision from Sheridan Avenue on the far west side going to Carroll Avenue of on the east side of the City two rail road track running side by side approximately 36 foot ballast and that he believes this is not very inviting to the public or to the visitors of Michigan City. Councilman Przybylinski stated several concerns he read in the MOG minutes from April 11, 2013 regarding the speed of the two track system, the closing of seventeen (17) streets out of thirty-four (34) including Pine Street, and there will be extreme freight traffic which will reduce property values by 3 – 5% which has not been addressed by NICTD. Councilman Przybylinski advised when talking to our consultant Stu Sirota he said this is a concern. Councilman Przybylinski commented on the single track proposal that was presented by Stu Sirota, the consultant the City hired for $50,000 to come to Michigan City and advise the City Council on what direction they should take. Councilman Przybylinski advised he never heard what had happened to the proposal that was presented with NICTD stating the majority of the Council was in favor of this plan. Councilman Przybylinski stated several concerns he has with having a double track on 11th Street. Gale Neulieb, City Clerk read the following statement received from Councilwoman Boy; “There’s been a lot of controversy over this resolution in the last few days, and it hasn’t even been read “by title only” yet. I am very concerned about the placement of the South Shore, as is just about everyone. I have had conversations with both “sides” of this issue, and one thing is very clear: we (the council members) don’t have all the facts to enable us to make any intelligent decision yet, and both “sides” are talking about this as if there were two separate plans. The MOG has worked very hard to find the best solution for the city. Public workshops indicate the enormous involvement level of the public in this issue. We are not accepting or rejecting the proposal tonight, but if we approve this resolution tonight, we have negated all that work without knowing what the end project would have been. Once we see that end product, we can make an informed decision, or even ask for changes if we feel it would be bad for the city as presented. A number of years ago, we revised our council rules to take public comment BEFORE making decisions. The lack of definitive information here would weaken the affect of any public comment, except comment concerning tabling this resolution. The public has a need, and a right, to hear the facts before we make any decisions, and to comment on the proposal rather than just the resolution. While I cannot be there to vote this evening, I, for one, feel that this resolution should be tabled, or even withdrawn, until we DO have all the facts, and I urge my fellow council members to table it.” Councilman Schwanke called a “Point of Order” to Councilman Murphy stating that he spoke twice on this issue already. Discussion ensued among Council members Schwanke, Espar, Murphy, President Parry and Attorney Meyer. Councilman Murphy addressed Councilman Przybylinski comments about his reaction to some of the drawings, maps, and explanation. Councilman Murphy asked what the harm would be to wait two (2) weeks, schedule a public workshop where a group of engineering firms that have been studying this issue for two (2) years can come, give us the value that we paid for in the term of a million dollars and then take a vote. Councilman Murphy stated this is not about where the South Shore should be located right now, but it’s about following a process in honoring the integrity of a process to come full circle and be vetted properly and getting our monies worth. Page 8 May 21, 2013 Councilman Schwanke addressed the Council regarding where the South Shore should be routed, advising after all studies that have been done with the consultants, engineers, including the last study done by HyettPalma for the Downtown Action Agenda of Michigan City, say not to place two(2) rails on 11th Street. Councilman Schwanke stated he feels this would damage our town. Councilman Bietry stated the problem he had with this is that a vote “yes” to the proposed resolution undercuts the MOG that was established under Mayor Oberlie and reaffirmed under Mayor Meer that gave the administrative authority to negotiate with NICTD with these issues that are being discussed. Councilman Bietry advised the City Council was given no administrative authority to negotiate with NICTD. Councilman Bietry addressed the Council stating they should not undercut the MOG….we created them, we gave them the authority to do a task and the proposed resolution cuts the legs right out from under them. Councilman Bietry asked each Council member to think about what they heard this evening, think about the five (5) people that spoke in favor and the nine (9) that spoke against it and then think about what two weeks would make and what you feel is the right thing to do for the City. Councilman Espar made a motion to TABLE the proposed resolution for two (2) weeks, second by Councilman Murphy. President Parry asked the Clerk to take the vote. The motion to TABLE was defeated by the following vote: AYES: Council Members Murphy, Bietry, and Espar (3). NAYS: Council Members Parry, Przybylinski, Schwanke, Doyle, and Hamilton (5). Councilman Espar made a motion to amend the resolution by striking all the “Whereas” clauses in the proposed resolution, second by Councilman Murphy. Councilman Espar made a “Point of Order” asking to have public and Council discussion on the motion that was made. President Parry asked if there were any comments by the general public on the amendments to the proposed resolution. Larry Sylvestri, 314 Kenwood Place, asked if the amendment was to strike all the whereas clauses in the proposed resolution; stating he feels it is appropriate because no member of the public knows what the purpose of the resolution is, advising no one has seen the final proposal for the 11th Street alignment. President Parry stated he recalled there was a similar situation regarding presenting a proposed amendment in writing and at which time set a precedent in that situation. President Parry asked Councilman Espar for the amendment he proposed in writing. Discussion ensued among Attorney Meyer and President Parry, regarding presenting an amendment to a resolution or ordinance. NOTE:Councilman Schwanke made aware there was a motion and a second on the floor. Councilman Espar made a point of order asking to have public comments. Bill Franks, 201 Kenwood, addressed the Council regarding the proposed resolution, the amendment being proposed and the eight people chosen to the MOG committee. Fay Moore, 515 Grace Street, addressed the statement Councilwoman Boy presented requesting the proposed resolution be TABLED; asking if her vote counted since she was absent. Mrs. Moore asked if the Council was getting ready to vote on the amendment striking all the “Whereas” clauses in the proposed resolution. Page 9 May 21, 2013 Steve Melnick, 306 Lawndale Place, stated he feels the community needs to know more of the facts about the final proposed 11th Street alignment before voting on the resolution asking the Council to wait and have the public workshop before make any decision. Mike Gonder, 114 Bittersweet Trail, addressed the Council requesting to have the “Whereas” clauses being removed by the proposed amendment be read, asking several other questions regarding the language of the proposed resolution. Janet Milnick, 306 Lawndale Place, asked what the big secret was behind the 11th Street alignment proposal; advising the Council is here to represent the citizens of Michigan City and everyone but about two (2) people present tonight are against the proposed resolution. Jerry Passmore, 212 Hopkins, stated he is in favor of what Councilmen Espar and Murphy are proposing; asking the Council to TABLE the resolution and learn more about what is being proposed for the 10th and 11th Street . Derrick Dericks, 436 E. 8th Street, addressed the Council regarding this evenings meeting and asked for two more weeks before making any decision. Margaret Picur, 1009 Tennessee Street, stated that she didn’t know there was another option for the 10th/11th Street corridor going to be proposed, asking the Council to TABLE the proposed resolution, have the public workshop then make a decision. Dale Engquist, 3001 Maple Street, stated he heard four (4) Council members concerns over the double tracks on 11th Street advising he would like to know more about what the final proposal is going to be. Mr. Engquist stated he had not heard one reason why we can’t wait two weeks and have the public workshop; asking the Council to do the best for the citizens and let them participate in the decision. Angie Nelson, 714 Minnie Street, addressed the Council asking them to withdraw the proposed resolution, rewrite it after the public has received the final proposal and they have had the opportunity to see what is being proposed. Mayor Meer, thanked Mr. Gonder for once again bringing up a potential issue with the language in the proposed resolution. Mayor Meer stated as a City leader he advised he has given his word to an industry of business that is not only founded in this area but also is based in Michigan City and we agreed with the MOG group that we would schedule a public workshop to bring the new proposal to the Council and the citizens of Michigan City. Mayor Meer stated there has been inaccurate information given out throughout the community regarding the proposal. Mayor Meer respectfully asked the Council to withdraw the resolution and bring it back to the next Council meeting. Greg Tuell, 1527 E. 8th Street, addressed the Council advising this isn’t about where the tracks are going to be located, but about the process and the right way to do things, asking the Council to TABLE the proposed resolution. Craig Phillips, Michigan City Planning Director, addressed the Council regarding the new (final) 11th Street corridor going to be proposed advising that no one has all the information with regards to this issue yet, because the presentation hasn’t been made. Mr. Phillips stated there are other issues that need to be addressed before the presentation can be put forth; stating the Council is making a decision without all the information and facts with regards to this issue and that the public needs to see this entire project and be given the presentation in its entirety. Sharon Carnes, 314 Kenwood Place, asked the Council to withdraw the resolution. Rich Canes, 212 W. William Street, asked the citizens attending the meeting to raise their hand if they would like to have the Council wait the two weeks; asking to TABLE the proposed resolution to make any decision. Page 10 May 21, 2013 Councilman Espar, stated the reason he moved to strike the “Whereas” clauses is because those are having the Council stipulate the facts that are not there or we aren’t aware of. Councilman Espar stated the proposed resolution indicates the removal of 100 plus homes, advising without seeing the final report it would be irresponsible for anyone of the Council members to vote in favor of this resolution before getting all the facts. Councilman Hamilton stated he did not receive the final proposed 11th Street Corridor plans he requested prior to him scheduling the public workshop on May 6th; asking why are changes still being made, he was going to schedule the workshop for May 6th but due schedule conflicts among everyone he was unable to do so. Councilman Hamilton addressed the Council regarding the language in the proposed resolution, withdrew his sponsorship from the resolution and stated that he would schedule a public workshop at the cost of $3,500 for Trans Systems to attend. Councilman Hamilton stated if Trans Systems presents the same proposal he will bring the same proposed resolution back to the Council. Councilman Hamilton stated he tries to inform the residents in the Third Ward the best he can. Councilman Espar withdrew his motion to amend the proposed resolution. Councilman Hamilton stated he withdraws his sponsorship from the proposed resolution. ORDINANCE The Clerk read the following ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION FOR THE REINSTATEMENT OF THE POSITION SECRETARY I IN THE MICHIGAN CITY POLICE DEPARTMENT Introduced by: Chris Schwanke (DECREASE: General Fund #0101Unappropriated balance - $16,661.29 INCREASE: ACCOUNT #0101 037 01 411.001 Salaries & Wages – $13,809.60 – ACCOUNT #0101 0370 01 413.001 FICA $ 1,056.44. ACCOUNT# 0101 0370 01 13.002 PERF $ 1,795.25) Councilman Schwanke stated he had discussions with Chief Swistek regarding the secretary position at the Police Department advising July 1, 2013 the position will be open. Councilman Schwanke advised he would be asking for second and third reading at the June 4, 2013 Council meeting. NOTE: President Parry stated there would be a formal public hearing at the next Council Meeting on June 4, 2013. President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the proposed ordinance was held over on second reading at the June 4, 2013 Council meeting. The Clerk read the following ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR EMERGENCY SHORELINE RESTORATION SERVICES AT KARWICK NATURE PARK Introduced by: Duane Parry Don Przybylinski Chris Schwanke Page 11 May 21, 2013 ( DECREASE: Riverboat Fund # 9000 Unappropriated balance - $55,000.00. INCREASE: ACCOUNT # 9000 0000 04 443.005 Other Improvements - $55,000.00) Council President Parry asked if there were any questions or comments by the general public or Council and hearing none, President Parry opened the formal public hearing, repeating three times “Any questions or comments by the general public at this time?” There was no response and the public hearing was closed. President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the proposed ordinance was held over on third reading at the June 4, 2013 Council meeting. The Clerk read the following ordinance on second reading by title only, AMENDING THE 2012 REDISTRICTING OF THE SIX (6) LEGISLATIVE WARDS OF THE MICHIGAN CITY COMMON COUNCIL ESTABLISHED BY SEC. 42-32 OF THE MUNICIPAL CODE OF MICHIGAN CITY, INDIANA Introduced by: Pat Boy Ron Hamilton President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the proposed ordinance was held over on third reading at the June 4, 2013 Council meeting. The Clerk read the following ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE BOYD DEVELOPMENT FUND TO PROVIDE FOR THE CITY’S LOCAL MATCH OF GRANT FUNDS FOR THE KAYAK LAUNCH SYSTEM, FEDDER’S ALLEY SECONDARY DUNE HABITAT RESTORATION PROJECT & THE LAKESHORE PUBLIC ACCESS PLAN Introduced by: Rich Murphy Joe Doyle (DECREASE: Boyd Development Fund #0417 - Unappropriated balance - $72,732.00. INCREASE: 0417 0000 04 449.007 - $72,732.00 Matching Grant) Council President Parry asked if there were any questions or comments by the general public or Council and hearing none, President Parry opened the formal public hearing, repeating three times “Any questions or comments by the general public at this time?” There was no response and the public hearing was closed. President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the proposed ordinance was held over on third reading at the June 4, 2013 Council meeting. The Clerk read the following ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4232 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE BOYD DEVELOPMENT FUND FOR PHASE II OF THE MICHIGAN BOULEVARD PROJECT Page 12 May 21, 2013 WHEREAS, it has been demonstrated to the Common Council of the City of Michigan City that it is necessary to appropriate more money than was appropriated in the 2013 Annual Budget for the Boyd Development Fund for Phase II of the Michigan Boulevard Project; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Boyd Development Fund #0417 to be appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, that for the expenses of the City the following additional sums of money are hereby appropriated out of the fund named and for the purpose specified, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE Boyd Development Fund # 0417 Unappropriated balance $700,000.00 INCREASE ACCOUNT # 0417 0000 04 443.001 Streets & Alleys $700,000.00 TOTAL FOR FUND $700,000.00 This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Richard Murphy, Member Michigan City Common Council Councilman Murphy asked for the Council’s support advising there are millions of dollars of Federal funds and improving our Eastern corridor with much of the Sixth Ward benefiting from this, brining jobs and development potentially with this project. Councilman Murphy made a motion to adopt the proposed ordinance, second by Councilman Schwanke. President Parry advised there was a formal public hearing held at the May 7, 2013 Council meeting. Mayor Meer addressed the Council reminding them the entire Michigan Boulevard corridor is now the responsibility of the City of Michigan City. Mayor Meer stated this will be the last piece of the funding for Phase II of Michigan Boulevard advising this will bring two (2) years of planning and engineering to now put the City in the position for construction of this important project. Mayor Meer addressed the Council stating several reasons to adopt the proposed ordinance advising Michigan City must set an atmosphere and demeanor which will create a city that is ready to be invested in. Mayor Meer shared a quote from Council President Parry as he spoke at the April 12, 2013 Michigan City Economic Development Stake Holder Action Summit; “We have a lot of great ideas here, but vision without execution is a hallucination.” Mayor Meer asked for the Council’s support on this additional appropriation. Councilman Przybylinski stated he contacted NIRPC regarding more funds from them and they advised him the next funding for Major Moves would be in 2014-2015 and that Michigan City would not be guaranteed funds. Councilman Schwanke thanked Councilman Murphy for acknowledging the Sixth Ward, advising this 6.2 million dollars project is a welcome addition. Page 13 May 21, 2013 President Parry asked if there were any questions or comments from the general public or Council and hearing none the proposed ordinance was adopted by the following vote: AYES: Council Members Parry, Przybylinski, Schwanke, Bietry, Doyle, Espar, Hamilton, and Murphy (8). NAYS: None (0). The Clerk read the following ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4233 AMENDING THE REGULATIONS REGARDING THE COMMON COUNCIL’S APPOINTMENTS TO THE MEMBERSHIP OF THE COMMISSION ON THE SOCIAL STATUS OF AFRICAN-AMERICAN MALES ESTABLISHED BY SEC. 2-457(B)(2)(b)(5) OF THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA WHEREAS, Sec. 2-457(B)(2) establishes the commission on the Social Status of African- American Males and the membership of said commission, which is composed of mayoral appointments and council appointments; WHEREAS, Sec. 2-457(B)(2)(b)(5) specifically provides that the Common Council shall appoint seven (7) members to the commission and “one from the LaPorte County Prosecutor’s Office;” WHEREAS, based upon the recommendation of the commission on the Social Status of African-American Males, the Common Council desires to amend Sec. 2-457(B)(2)(b)(5) to remove the appointment of a commissioner from the LaPorte County Prosecutor’s Office and replace the appointment with an individual from the National Association for the Advancement of Colored People (NAACP). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City that Section 2-457(B)(2)(b)(5) of the Michigan City Municipal Code is amended to read as follows: One from the National Association for the Advancement of Colored People (NAACP); This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Richard Murphy, Member Michigan City Common Council Councilman Murphy encouraged the Council to support this recommendation from the Social Status of African American Males Commission. Councilman Bietry made a motion to adopt the proposed ordinance, second by Councilman Przybylinski. President Parry asked if there were any questions or comments from the general public or Council regarding the proposed ordinance and hearing none, the ordinance was adopted by the following vote; AYES: Council Members Przybylinski, Schwanke, Bietry, Doyle, Espar, Hamilton, Murphy, and Parry (8). NAYS: None (0). Page 14 May 21, 2013 The Clerk read the following ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4234 AMENDING SEC. 22-38 AND SEC. 22-41 COMMONLY KNOWN AS THE VACANT AND ABANDONED BUILDINGS REGISTRATION ESTABLISHED BY OF THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA WHEREAS, on July 3, 2012, the Common Council passed Ordinance No. 4181, which is now codified in Chapter 22 and Chapter 50 of the Michigan City Municipal Code and is commonly known as the Registration of Vacant and Abandoned Buildings; and WHEREAS, the need currently exists to amend Sec. 22-38 and Sec. 22-41contained in Chapter 22 of the Municipal Code to correct typographical errors. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City that the following Sections of the Michigan City Municipal Code are amended to read as follows: 1. Sec. 22-38(b) shall read: If the building is used for or zoned for residential purposes and is a single family residential unit or contains not more than two (2) residential units, the registration fee shall be as set forth in Sec.50-146. 2. Sec. 22-38(c) shall read: If the building is used or zoned for residential purposes and contains three (3) or more residential units, or if the building is used or zoned for any non- residential purposes, including but not limited to commercial and industrial, the fee shall be as set forth in Sec.50-147. 3. Sec. 22-41(a) shall read: A citation shall be issued for the violation of any provision of this Division or for knowingly providing false information or withholding information required to be provided by the registration requirements of this Division. Such a citation shall be issued to the Owner and Property Manager, if one has been identified to the City by the Owner, and shall impose a fine as set forth in Sec. 50-148 This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Chris Schwanke, Member Michigan City Common Council /s/ Pat Boy, Member Michigan City Common Council Councilman Schwanke stated this is a simple change in some numerical numbers that was a typographical error that was corrected. Councilman Schwanke advised the Mayor addressed the vacant and abandoned building ordinance in his State of the City address stating how important enforcing this ordinance is and seeing positive results already. Faye Moore, 515 Grace Street, asked if abandoned vehicles are included within this ordinance. Councilman Schwanke addressed Mrs. Moore’s questions and concerns advising this ordinance only deals with vacant and abandoned buildings. Page 15 May 21, 2013 Councilman Schwanke made a motion to adopt the proposed ordinance, second by Councilman Przybylinski. President Parry asked if there were any questions or comments from the general public and Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Schwanke, Bietry, Doyle, Espar, Hamilton, Murphy, Parry, and Przybylinski (8). NAYS: None (0). UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS President Parry stated Mayor Meer requests the advice and consent of the members of the Michigan City Common Council regarding the appointment of Mr. Bruce Manner as a member of the Port Authority Commission. Councilman Schwanke advised that Mr. Manner would not be able to be here this evening as he is on the NAVAR ride to the Wall in Washington D.C. for the veteran’s memorial with the Michigan City Wall Gang. Councilman Doyle made a motion to approve the Mayor’s request, second by Councilman Schwanke. Mr. Bruce Manner was appointed as a member of the Port Authority Commission by the following vote: AYES: Council Members Bietry, Doyle, Espar, Hamilton, Murphy, Parry, Przybylinski, and Schwanke (8). NAYS: None (0). President Parry congratulated Mr. Manner to his appointment. President Parry advised the Council has two (2) appointments to the Michigan City Enrichment Corporation due to Mr. Bennie Edwards and Ms. Kathleen Senderak’s resignations. President Parry stated nomination for these appointments were suppose to be accepted by the Council this evening, there were no nominations received so nominations will be opened at the June 4, 2013 meeting. COMMENTS FROM THE PUBLIC There were no comments by the public COMMENTS FROM THE COUNCIL Councilman Doyle stated in lieu of what happened this evening it shows a lack of communication within our various areas and it leaves the door open to say; let’s start having some more dialog between the Council, the Mayor, and some of the other departments. Councilman Doyle stated if this would happen there probably would not have such an impact of what happened here. Councilman Doyle stated over the years he thinks we all know the waste that has been spent on this City with downtown putting in park areas, taking them out, advising he feels that people don’t realize how much money has been wasted, that we have to make sure that we don’t do the same thing again. Councilman Doyle commented on the South Page 16 May 21, 2013 Shore having their home spot here but also we have to look at what is going to be good for Michigan City. Councilman Doyle said as a senior member of the Council he stated the Council needs to talk to one another and make sure everyone is on the same page. Councilman Doyle invited everyone to the Annual Fish Fry on Friday, May 31, 2013. Council President Parry stated he was troubled by some of the comments that were made this evening in reference to the proposed resolution. President Parry stated there is no secrecy on part of the Council, that he doesn’t forget who he works for and that this is his number one obligation. President Parry stated several reasons why he did support the proposed resolution that was withdrawn this evening. Councilman Espar responded to President Parry’s comments regarding his reasons for supporting the proposed resolution about the 11th Street double track corridor. Councilman Hamilton stated his Ward is the hardest hit regarding the “where” they are going to locate the South Shore tracks advising when he saw these drawings he contact as many people in his ward to educate them about the maps he received. Councilman Hamilton stated that he never heard anyone in favor of double tracks and seventeen (17) street closures down the 10th/11th Street corridor. Councilman Hamilton advised he will be scheduling the public workshop and hopefully the Council will get the presentation prior to being presented to the public to review. Councilman Espar made a “Point of Order” due to there being a motion on the floor and comments cannot be made during that time. Councilman Hamilton withdrew his motion to adjourn. President Parry stated he has no problems with conviction, stating he changed his position on the proposed resolution after hearing the enormous sentiment of the public against it. Councilman Murphy addressed the Council regarding Councilman Hamilton scheduling the workshop for the Tiger II Study and the email he received from the engineer of this project. Councilman Murphy stated he is looking forward to the workshop being scheduled. Councilman Hamilton addressed the Council advising that he spoke with the engineer and was advised that since he was bringing the proposed resolution to the Council, they would wait until after tonight’s meeting to see what the status of the resolution would be. ADJOURNMENT A motion by Councilman Schwanke, supported by Councilman Bietry and there being no further business to transact, President Parry declared the meeting ADJOURNED (approximately 9:23 p.m.). _________________________ Gale A Neulieb, City Clerk Page 17 May 21, 2013