City Council

REGULAR MEETING – November 15, 2016 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, November 15, 2016 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 Bietry. Roll call was authorized and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Tim Bietry, Pat Boy, Sharon Carnes, Bryant Dabney, Ron Hamilton, Don Przybylinski, Chris Schwanke, Candice Silvas and Allan Whitlow (9). ABSENT: None (0) A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Jim Meyer – Council Attorney; Gale Neulieb – City Clerk and Kim Sliwa – Deputy Clerk. APPROVAL OF MINUTES President Bietry inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of November 1, 2016. Councilman Przybylinski made a motion to approve the Regular meeting minutes held on November 1, 2016 second by Councilwoman Boy. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilwoman Boy stated the Finance Committee met prior to the Council meeting to review claims filed since our November 1, 2016 meeting. Committee members Boy, Carnes and Przybylinski were all present, the Committee unanimously recommended approval for the Riverboat Fund #9000 in the amount of $196,968.50 and advised there were no claims for Boyd Development Fund #0417. Councilwoman Boy stated the summary of the claims are as follows: $3,559.23 to Reprographic Arts for the 2016 Fleet Rotation; $129,062.00 to Rieth Riley Construction for 2016 Paving and Sidewalks Program; $22.27 to All Phase Electric Supply for IT improvements; $8,092.50 to Haas & Associates for work performed on the 2016 Paving and Sidewalk Program; $2,640.00 to Automated Data for the telephone system upgrade; $51,562.50 to Best Equipment Company for leaf vacuum; $2,030.00 to James Meyer & Associates for legal service for South Shore. REPORTS OF SPECIAL OR SELECT COMMITTEES Councilman Przybylinski reported that being Chairperson of the FEMA Flood Plain Appeal Committee advised there will be a presentation scheduled sometime in December to address and discuss this matter. Page 2 November 15, 2016 Councilman Przybylinski, Liaison of the Mainstreet Association stated he attended their meeting advising there are several events that will be happening in December; First Fridays on December 2nd, the Snow Flake Parade on December 3rd at 3:00 p.m. and the Art Space Grand Opening will take place on Thursday December 1 st from 6 to 8 p.m. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS There were no reports of other city officers and departments CLAIM DOCKETS President Bietry stated the Claims for Fund #9000 – Riverboat was $196,968.50 and none for Fund #0417 – Boyd Development. President Bietry asked if there were any comments and hearing none, a motion was made by Councilwoman Boy, second by Councilman Przybylinski, and was approved. Motion carried 9 – 0. PETITIONS There were no petitions. COMMUNICATIONS There were no communications received. RESOLUTIONS The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION 4662 A RESOLUTION INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF FIRE MERIT COMMISSION IN THE GENERAL FUND #0101 FOR THE YEAR 2016, IN MICHIGAN CITY, INDIANA WHEREAS, there exists certain circumstances within the budget of Fire Merit Commission of the General Fund #0101 of Michigan City which require increasing and decreasing appropriations for certain line items in that Fund for the year 2016. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, La Porte County, Indiana, that: Section 1. Because it is deemed advisable and necessary, in order to meet the circumstances facing the Budget of Fire Merit Commission in the General Fund of the City, the Common Council approves the following transfer of appropriations, as listed, to-wit: FIRE MERIT COMMISSION/GENERAL FUND #0101 DECREASE: A/C #0101 0080 01 411.017 Specialty Pay $300.00 A/C #0101 0080 01 413.001 FICA $20.00 A/C #0101 0080 02 421.005 Other Office Supplies $35.00 A/C #0101 0080 02 422.035 Miscellaneous Other Supplies $1,470.00 Page 3 November 15, 2016 INCREASE: A/C #0101 0080 03 439.011 Contractual Services $1,825.00 INTRODUCED BY: /s/ Pat Boy, Member Michigan City Common Council Councilwoman Boy explained this resolution is a transfer within their budget to cover the additional testing that has taken place. Councilwoman Boy made a motion to adopt the proposed resolution, second by Councilman Przybylinski. President Bietry asked if there were any questions or comments from the general public or Council and hearing none the resolution passed by the following vote: AYES: Council Members Dabney, Carnes, Hamilton, Przybylinski, Schwanke, Silvas, Whitlow, Bietry, and Boy (9). NAYS: None (0). President Bietry stated the resolution has been approved and will be forwarded to the Mayor for signature. The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4663 AUTHORIZING THE SUBMISSION OF AN INDIANA COASTAL PROGRAM GRANT APPLICATION WITH THE INDIANA DEPARTMENT OF NATURAL RESOURCES TO COMPLETE PHASE III OF THE WINDING CREEK COVE PROJECT WHEREAS, the City is eligible to apply for an Indiana Coastal Grant with the Indiana Department of Natural Resources for purposes of completing Phase III of the Winding Creek Cove Project; and WHEREAS, the City intends to submit an application for the Indiana Coastal Grants Program advising that the cost for the proposed project will total approximately $70,000.00 and requesting federal funds from said grant in the amount of $35,000.00; and WHEREAS, the grant requires a local match of funds from the City in the amount of $35,000.00. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, Indiana as follows: Section 1. The aforementioned “whereas clauses” are hereby incorporated in full as set forth herein. Section 2. That the Michigan City Common Council supports and authorizes the submission of an application for a Lake Michigan Coastal Program Grant in the amount of $70,000.00 for the purpose of completing Phase III of the Winding Creek Cove Project and supports the local match in the amount of $35,000.00 from the City. Section 3. If the grant is approved and the funding awarded, the Mayor is authorized to execute any and all grant agreements with the Indiana Department of Natural Resources required to obtain the above described financial assistance under the terms of the Indiana Coastal Grant program. Section 4. If the grant is approved and the funding awarded, the Common Council commits to appropriate the local cash match of $35,000.00. Section 5. If the grant is approved and the funding awarded, the Controller of the City Page 4 November 15, 2016 of Michigan City, Indiana is authorized to create a fund to receive and distribute the grant funds. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. Introduced By: /s/ Bryant Dabney, Member Michigan City Common Council Councilman Dabney addressed the Council advising the proposed resolution is asking for authorization to submit an Indiana Coastal Program Grant application with the Indiana Department of Natural Resources to complete Phase III of the Winding Creek Cove Project. Councilman Schwanke made a motion to adopt the proposed resolution, second by Council members Boy and Dabney President Bietry asked if there were any questions or comments from the general public or Council and hearing none the resolution passed by the following vote: AYES: Council Members Carnes, Hamilton, Przybylinski, Schwanke, Silvas, Whitlow, Bietry, Boy, and Dabney (9). NAYS: None (0). President Bietry stated the resolution has been approved and will be forwarded to the Mayor for signature. The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4664 AUTHORIZING THE SUBMISSION OF AN INDIANA COASTAL PROGRAM GRANT APPLICATION WITH THE INDIANA DEPARTMENT OF NATURAL RESOURCES TO COMMENCE THE FEDDER’S ALLEY DESIGN & ENGINEERING OF PUBLIC ACCESS BOARDWALKS PROJECT WHEREAS, the City is eligible to apply for an Indiana Coastal Grant with the Indiana Department of Natural Resources for purposes of commencing the Fedder’s Alley Design & Engineering of Public Access Boardwalks Project; and WHEREAS, the City intends to submit an application for the Indiana Coastal Grants Program advising that the cost for the proposed project will total approximately $100,000.00 and requesting federal funds from said grant in the amount of $50,000.00; and WHEREAS, the grant requires a local match of funds from the City in the amount of $50,000.00. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, Indiana as follows: Section 1. The aforementioned “whereas clauses” are hereby incorporated in full as set forth herein. Section 2. That the Michigan City Common Council supports and authorizes the submission of an application for a Lake Michigan Coastal Program Grant in the amount of $100,000.00 for the purpose of commencing the Fedder’s Alley Design & Engineering of Public Access Boardwalks Project and supports the local match in the amount of $50,000.00 from the City. Section 3. If the grant is approved and the funding awarded, the Mayor is authorized to execute any and all grant agreements with the Indiana Department of Natural Resources required Page 5 November 15, 2016 to obtain the above described financial assistance under the terms of the Indiana Coastal Grant program. Section 4. If the grant is approved and the funding awarded, the Common Council commits to appropriate the local cash match of $50,000.00. Section 5. If the grant is approved and the funding awarded, the Controller of the City of Michigan City, Indiana is authorized to create a fund to receive and distribute the grant funds. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. Introduced By: /s/ Bryant Dabney, Member Michigan City Common Council Councilman Dabney stated this is also a request for authorization to submit an Indiana Coastal Program Grant application with the Indiana Department of Natural Resources to complete for the engineering of two (2) elevated boardwalks in Fedder’s Alley; the grant is a total of $100,000 with the City match of $50,000. President Bietry asked to be a Co-Sponsor to the proposed resolution; stating this project is something he wanted to see happen since he saw it proposed in the original Park’s Master Plan. Councilman Przybylinski stated that he couldn’t agree more with what President Bietry said about the boardwalk project being proposed for Fedder’s Alley; and will be fully supporting this resolution. Councilman Schwanke made a motion to adopt the proposed resolution, second by Councilmembers Boy and Dabney. President Bietry asked if there were any questions or comments from the general public or Council and hearing none the resolution passed by the following vote: AYES: Council Members Hamilton, Przybylinski, Schwanke, Silvas, Whitlow, Bietry, Boy, Dabney, and Carnes (9). NAYS: None (0). President Bietry stated the resolution has been approved and will be forwarded to the Mayor for signature. ORDINANCE The Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE BOYD DEVELOPMENT FUND FOR ENGINEERING CONSULTING COSTS TO REVISE THE FLOODPLAIN MAP FOR MICHIGAN CITY Introduced by: Pat Boy (DECREASE Boyd Development Fund # 0417 Unappropriated balance $ 100,000.00 INCREASE ACCOUNT # 0417 0000 03 431.002 Engineering Services $ 100,000.00) Councilman Przybylinski requested to be a Co-Sponsor on this proposed ordinance. Councilman Przybylinski explained the proposed ordinance is due to the City being involved with FEMA a few years back and the Floodplain map being amended designating more areas/properties within the City limit that had never in the history of these properties been considered to be in a floodplain; costing several residents money by having to purchase flood insurance; the proposed $100,000.00 will cover any Page 6 November 15, 2016 additional engineering that will need to be completed and sending their findings to FEMA for their review and respond back to the City with any questions. Councilman Whitlow stated that he would be supporting this ordinance; that he has had several residents contact him complaining because of the most resent floodplain map. Councilman Schwanke noted that Haas & Associates has been working diligently on this floodplain map project since the most resent map was amended; trying to get these issues corrected. President Bietry echoed Councilman Schwanke’s sentiments and comments; stating this is an issue we are all familiar with and has had tremendous impact on many of our residents. President Bietry advised that he would not be referring this to committee. President Bietry asked if there were any other questions or comments from the general public or Council and hearing none, the proposed ordinance was held over for second reading at the December 6, 2016 Council meeting. The Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE BOYD DEVELOPMENT FUND TO PROVIDE FUNDING FOR A FISCAL PLAN FOR POTENTIAL ANNEXATION OF CERTAIN PROPERTIES Introduced by: Chris Schwanke (DECREASE Body Development Fund #0417 Unappropriated balance $ 50,000.00 INCREASE ACCOUNT #0417 0000 03 431.005 Other Professional Services $ 50,000.00) Councilman Schwanke stated there is a process that has to be followed whenever the City annexes property into the City limits; a friendly annexation into our City limits does require a physical plan according to Indiana State Law; advising the proposed appropriation ($50,000.00) will pay for the physical plans required. Councilwoman Silvas asked to be a Co-Sponsor on the proposed ordinance. Councilman Schwanke thanked Councilwoman Silvas for requesting and supporting the proposed ordinance as a co-sponsor. President Bietry stated he would be referring this ordinance to the Planning and Zoning Committee for discussion and review; and to report back at the next Council meeting December 6th. Councilman Schwanke noted for everyone’s information the map attached to the proposed ordinance does not necessarily mean these are the only properties; that there could be additional properties as well. President Bietry asked if there were any other questions or comments from the general public or Council and hearing none, the proposed ordinance was held over for second reading at the December 6, 2016 Council meeting. The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4413 Page 7 November 15, 2016 AMENDING THE ZONING MAP OF THE CITY OF MICHIGAN CITY, LAPORTE COUNTY, INDIANA TO REZONE PROPERTY OWNED BY RAYMOND F. PAXON FROM R1E TO B1 WHEREAS, Lisa Murray as Petitioner and Raymond F. Paxon as owner filed a Petition with the Michigan City Plan Commission ("Commission") asking that certain property within the boundaries of Michigan City, Indiana be re-zoned from R1E to B1, said property being referred to herein as the "Property" and commonly known as 201 Center Street, Michigan City, Indiana, and more particularly described as follows: Parcel 1: Lot 1 and the West 25.2 feet of Lot 2 in Block 2 in the Washington Park Addition to Michigan City, which is recorded in Plat Book 2 page 159, In the Office of the Recorder of LaPorte County, Indiana. Parcel 2: Parts of Lot 2 and 3 in Block 2 in the Washington Park Addition to Michigan City, which is recorded in Plat Book 1 page 159, in the Office of the Recorder of LaPorte County, Indiana, being more particularly described as follows: Commencing at a point on the North right-of-way line of Fogarty Street, which point is 2 feet East of the Southeast corner of said Lot 2: thence West, along the North right-of-way line of said Fogarty Street, a distance of 26.8 feet: thence North, and a line which is parallel with the East line of said Lot 2, a distance of 73.8 feet to the South right-of-way line of Center Street (formally known as Krueger Avenue); thence Northeasterly, along the Southernly right-of-way line of said Center Street, a distance of 26.3 feet; thence South, a distance of 88 feet to the place of the beginning. WHEREAS, following the filing of the Petition the Commission schedule a public hearing on the Petition for August 23, 2016; and WHEREAS, the Commission found that the Petitioner Property gave the necessary notice of the filing of the Petition and of the date and time of the public hearing thereon by publication in the manner prescribed by I.C. 5-3-1-1 et seq; and WHEREAS, the Commission found that the Petitioner Property gave the appropriate notice with the date and time of the hearing thereon to the persons who own property that abuts the Property which the Petitioner requested to be re-zoned and who needed to be given notice of the filing of the Petition; and WHEREAS, the Commission conducted the public hearing on the Petition to re-zone the Property as advertised and noticed, on August 23, 2016 and following said hearing determined that the Property should be re-zoned from R1E to B1, all as permitted by the Joint Zoning Ordinance and Indiana law, and on August 23, 2016, the Commission certified the Commission's findings and determinations, including those required by I.C. 36-7-4-603, and has sent the same with this proposed Ordinance to the Common Council with a favorable recommendation for passage; and WHEREAS, the City Clerk, on behalf of the Common Council, provided the necessary notice of the Council's intention to consider the proposed change in the zoning map as required by I.C. 5-14-1.5-5; and WHEREAS, the Council has paid reasonable regard, consideration, and attention to the recommendation of the Commission, to the documentation and other evidence presented to the Council regarding the proposed zoning change, and to the legal requirements applicable to the Council's decision, including, as required by I.C. 36-7-4-603: the City's comprehensive plan; the current conditions and the character of current structures and uses in each district; the most desirable uses for which the land in each district is adapted; the conservation of property values throughout the City; and responsible development and growth. NOW, THEREFORE, BE IT ORDAINED by the Michigan City Common Council, pursuant to the applicable laws, including I.C. 36-7-4-608, that: 1. The Council finds, based on all of the evidence before it, that: A. The requested change in zoning for the Property described herein from R1E to B1 is compatible with: the City's comprehensive plan; the current Page 8 November 15, 2016 conditions and the character of current structures and uses in each district; the most desirable uses for which the land in each district is adapted; the conservation of the property values throughout the City; and responsible development and growth; and B. The requested change in zoning will provide for the most reasonable use for which the Property is adapted and the proposed land use will not have an adverse effect on surrounding land; and C. The requested change in zoning will not be injurious or detrimental to the surrounding property values and will further the conservation of property values throughout the City; and D. The requested change in zoning will promote orderly and responsible community growth and development and will not adversely affect the community; and E. The topography, soil condition, and other physical features of the land involved are suitable for the proposed use and zoning change; and F. The change in zoning is not "spot zoning" which will confer a special benefit on a relatively small tract without commensurate benefit to the community; and G. The change in zoning will not disrupt or destroy any neighborhood plan; and H. The findings set forth in the Resolution of the Commission concerning the Property are accurate and applicable and are hereby adopted. 2. The Council further finds that it is in the best interests of the City of Michigan City and its citizens that the Council accept and approve the recommendation of the Plan Commission that the requested change in the City's zoning map be approved by the Council. 3. The zoning for the Property located in the City of Michigan City, LaPorte County, State of Indiana, described herein, commonly known as 201 Center Street, Michigan City, Indiana, is hereby changed from R1E to B1; and it is further ordained that the zoning map of Michigan City, Indiana shall be amended to reflect this change and the amended zoning map shall hereafter be available in the office of the Plan Commission and the City Clerk for review and copying by the public. 4. The Clerk of the Michigan City Common Council, shall furnish a certified copy of this Ordinance to the LaPorte County Recorder in order that the same may be placed of record in the records of the Recorder's Office of LaPorte County, Indiana. Introduced by: /s/ Sharon Carnes, Member Michigan City Common Council Councilwoman Carnes reiterated the Plan Commission recommended approval of this rezoning on August 23, 2016 and that there was no remonstrators. Councilman Przybylinski made a motion to adopt the proposed ordinance, second by Councilmembers Carnes, Schwanke, and Dabney. President Bietry asked if there were any questions or comments from the general public or Council and hearing none the proposed ordinance passed by the following vote: AYES: Council Members Przybylinski, Schwanke, Silvas, Whitlow, Bietry, Boy, Dabney Carnes, and Hamilton (9). NAYS: None (0). UNFINISHED BUSINESS Page 9 November 15, 2016 Council President Bietry advised the Council that they needed a motion to take off the TABLE the Nominations for the Michigan City Urban Enterprise Association. Councilwoman Boy made a motion to take off the TABLE the nominations for the Michigan City Urban Enterprise Association; second by Councilman Schwanke. President Bietry asked all those in favor of removing from the TABLE the nominations for the Michigan City Urban Enterprise Association to signify by saying “AYE”; all responded “AYE”; asking if there were any objections, there was no response. President Bietry advised this is now off the TABLE and can be addressed; stating at the last meeting the dilemma they faced was that there were no candidates who had completed the Nomination/Candidate Form; further stating they do have three (3) candidates who’ve completed the Nomination/Candidate Form: Keith Devereaux, Keith Harris and Tina Mahone; explaining they now needed a Councilmember to nominate them along with the support of another Councilmember. Councilman Dabney nominated Tina Mahone; supported by Councilwomen Boy, Carnes and Silvas. Councilman Przybylinski nominated Keith Devereaux; supported by Councilmen Schwanke, Hamilton and Dabney. Councilman Schwanke nominated Keith Harris; supported by Councilwoman Boy. President Bietry stated because these are the only three (3) they have completed forms for, closed Nominations at this time; advising they will vote on these at the December 6, 2016 meeting President Bietry stated the next item under Unfinished Business is the Common Council has two (2) appointments to the Michigan City Redevelopment Commission expiring December 31, 2016; advising at the last meeting there were two (2) candidates who were nominated: Kathy Dennis and Damon Carnes; asking what is the will of the Council. Councilwoman Boy moved to approve both nominations; second by Councilman Schwanke. President Bietry asked if there were any questions or comments from the general public or Council and hearing none the appointments were approved by the following vote: AYES: Council Members Schwanke, Silvas, Whitlow, Bietry, Boy, Dabney Carnes, Hamilton and Przybylinski (9). NAYS: None (0). NEW BUSINESS President Bietry explained there is another Common Council appointment to the Urban Enterprise Association; explaining the process to become a member by filling out the form in the City Clerk’s Office and to have it on file by noon December 1, 2016; and the Council will accept nominations at their next meeting on December 6, 2016. President Bietry stated the next item of business on the Agenda is the 2017 Contract between the Michigan City Firefighters Local #475 and the Civil City of Michigan City, Indiana; advising this contract has been ratified by the members. Councilwoman Boy made a motion for approval; supported by Councilman Dabney. President Bietry asked if there were any questions or comments from the general public or Council and hearing none the contract was approved by the following vote: AYES: Council Members Silvas, Whitlow, Bietry, Boy, Dabney Carnes, Hamilton, Przybylinski Page 10 November 15, 2016 and Schwanke (9). NAYS: None (0). President Bietry stated the contract received unanimous approval by the City Council. President Bietry stated the last item under New Business for today is the 2017 Contract between the Indiana Fraternal Order of Police Labor Council, Inc. and the Civil City of Michigan City, Indiana. Councilman Przybylinski made a motion for approval; supported by Councilwoman Boy. President Bietry asked if there were any questions or comments from the general public or Council and hearing none the contract was approved by the following vote: AYES: Council Members Whitlow, Bietry, Boy, Dabney Carnes, Hamilton, Przybylinski, Schwanke and Silvas (9). NAYS: None (0). President Bietry stated the contract received unanimous approval by the City Council. COMMENTS FROM THE PUBLIC Johnny Mohamad, 113 E. 9th Street, addressed the Council expressing his views on his Muslim beliefs and wanting to get the public/Council involved in a Community Outreach Program; and concerns with political influence in the community; also commenting on a recent incident at his home with regards to maintaining his home and property. Discussion ensued between Mr. Mohamad and Councilmen Bietry, Przybylinski and Whitlow regarding the incident, and the items that were removed from his property. Isooine Williams, 610 Walker Street, addressed the Council asking if they were concerned with the environmental needs of this community. President Bietry explained how “public comment” is for the public to comment on any issue they want, but it is not an open forum for questions and answers; and if she would like to stay after the meeting to discuss the matter with a Councilmember they would be happy to talk with her. COMMENTS FROM THE COUNCIL Councilman Przybylinski stated he attended the Veteran’s Day Ceremony at the Michigan City High School last Friday and the R.O.T.C. Group did a fantastic job, along with the band and singers, former Governer and POW Joe Currin was a guest speaker at the ceremony and he had an interesting and enlighting speech on his experiences in the Navy and while he was a POW in Vietnam; further commenting on the ceremony. President Bietry welcomed Jeannie Peo, teacher at Krueger Middle School and students from the 7th grade humanity and social studies to the meeting this evening; commenting that it is always great when students show some interest in community government. ADJOURNMENT A motion by Councilwoman Boy, supported by Councilman Hamilton and there being no further business to transact, President Bietry declared the meeting ADJOURNED (approximately 7:16 p.m.) ______________________________ Page 11 November 15, 2016 Gale A. Neulieb, City Clerk