City Council

REGULAR MEETING – March 20, 2018 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, March 20, 2018 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 Przybylinski. 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, Gene Simmons and Johnny Stimley (8). ABSENT: COUNCIL MEMBERS Candice Silvas (1). Note: President Przybylinski stated that Councilwoman Silvas did contact him prior to the meeting advising she was ill and would not be in attendance this evening. A QUORUM WAS NOTED PRESENT ALSO PRESENT: Jim Meyer – Council Attorney, City Clerk – Gale Neulieb and Deputy Clerk – Kim Sliwa APPROVAL OF MINUTES President Przybylinski inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of March 6, 2018. Councilman Simmons made a motion to approve the Regular meeting minutes held on March 6, 2018; second by Councilman Dabney. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilman Bietry presented the following Finance Committee meeting minutes: Finance Committee Meeting-Tuesday, March 13, 2018 Present: Chairman Tim Bietry, Committee Members Don Przybylinski and Bryant Dabney, Councilpersons Gene Simmons, Sharon Carnes, and Johnny Stimley, City Engineer Charles “Spike” Peller, Superintendent Bob Zondor, and Jay Niec representing SEH. The Committee was called to order at 5:30 p.m. by Chairman Bietry. There were two proposed Ordinances to be considered. The first was a request for an additional appropriation in the budget of the Riverboat Fund for emergency roadwork and repairs. Committee member Przybylinski had some questions concerning how much work could be done with the proposed funds and whether this work was not already a part of the 2018 paving plan. Mr. Peller and Mr. Zondor responded that this work was considered emergency repairs and not a part of the regularly scheduled 2018 plan. Both patching and crack sealing would be done. Franklin Street and Michigan Boulevard are two of the target areas. Mr. Dabney moved that the committee recommend approval of the request to the City Council, supported by Mr. Przybylinski. The vote was unanimous in support. The second Ordinance was a request for Riverboat funding for traffic safety improvements to schools and parks. Mr. Przybylinski gave a brief history of the work done by a committee to study the issue. Eight meetings of involved stakeholders were Page 2 March 20, 2018 held over the past year. Mr. Jay Niec from SEH provided a detailed 45 page summary of suggested improvements at 21 different schools and parks. Everything in the plan is ADA compliant. Councilwoman Carnes asked if there was a narrative for each site. Mr. Niec stated that there was and it would be made available to each council person and the public at-large. Mr. Przybylinski moved to recommend support to the Council, seconded by Mr. Dabney. The vote was unanimous in favor. There being no further business to conduct, the meeting was adjourned at 5:58 p.m. Submitted by Chairman Bietry, March 14, 2018 Councilman Bietry presented the following Finance Committee meeting minutes: The Finance Committee was called to order this evening at 6:08 p.m. by Chairman Bietry to review claims filed since the March 6, 2018 meeting. Committee members Bietry, Przybylinski, and Dabney were present as well as Council members Carnes, Simmons, and Stimley and Controller Richard Murphy. Claims reviewed totaled $1,607.68 from the Boyd Development Fund and $97,226.23 from the Riverboat Fund for a total of $98,833.91. Councilman Dabney had questions concerning a paid ad for the St. Patrick’s Day parade as well as $800 to sponsor Pipers and Drummers for the parade. He questioned how this was different from the funding request that was denied at our last meeting for the Save the Dunes group. There was considerable discussion. There is $250K in a “Contractual Services” line in the Boyd Development budget that is dedicated to marketing expenses approved by the Marketing Committee. Both expenses (Save the Dunes and St. Patrick Day parade) were approved by the Marketing Committee. The Finance Committee would like to get a “heads up” from the Marketing Committee when a large sponsorship is on the immediate horizon. Following discussion, Councilman Przybylinski moved to recommend approval of the docket. This was seconded by Councilman Dabney. The vote was unanimous to recommend approval to the City Council. There were no further issues to discuss. The meeting was adjourned at 6:20 p.m. The summary of claims was as follows: From the Boyd Fund: $200.00 for a News Dispatch ad to promote the St. Patrick’s Day parade $558.68 for facebook ads to promote activities and “Create/Play/Repeat” consistent with the 2018 Marketing Strategy $49.00 to Teamwork Campus One for a subscription to “Teamwork Projects” $800.00 to Great Lakes Celtic Association to sponsor the Culver Pipes and Drums for the St. Patrick’s Day parade From the Riverboat Fund: $2,519.93 to Blue Tarp Financial for weapon safes for new vehicles $16,525.00 to Haas & Assoc. for 2018 paving and sidewalk program $669.00 to HG2 Emergency Lighting for police vehicle emergency lighting $6,062.00 to HP Products for computers and surveillance equipment for police vehicles $1,013.13 to James Meyer & Assoc. for representation concerning the South Shore Project $64,440.00 to Mihm Enterprises for exterior repairs to the Lighthouse Museum $5,997.17 to Tyler Technologies for New World ERP implementation and training President Przybylinski commented on the Workshop that was held on March 13, 2018 at 4:30 p.m. to discuss the Ordinance that was in question at the last Council meeting; advising the proposed Ordinance read “AMENDING SEC. 2-458(e), SEC. 2-459(c)(6), AND SEC. 66-62(E) IN THE MICHIGAN CITY MUNICIPAL CODE TO REQUIRE THE SUBMISSION OF ANNUAL ACTIVITY AND SPENDING REPORT FROM THE PUBLIC ART COMMISSION, THE WOMEN’S COMMISSION, AND THE HUMAN RIGHTS COMMISSION TO THE COMMON COUNCIL & AMENDING SEC. 2-457(B)(2)(b)(2) IN THE MICHIGAN CITY MUNICIPAL CODE TO RECOGNIZE THAT THE MINORITY HEALTH COALITION IS NOW KNOWN AS THE COMMUNITY ADVOCATES OF NORTHERN INDIANA”; advising the workshop members agreed to split that one ordinance into two ordinances and any corrections to the verbiage that needed to be made, which would be made by Corporate Counsel Amber Lapaich. Page 3 March 20, 2018 Councilmembers in attendance were Councilwomen Boy and Carnes, Councilmen Dabney, Simmons, Bietry and Przybylinski. President Przybylinski asked if there were any other Standing Committee Reports; there was no response. REPORTS OF SPECIAL OR SELECT COMMITTEES President Przybylinski asked if there were any reports of special or select committees; there was no response. REPORTS of OTHER CITY OFFICERS and DEPARTMENT President Przybylinski advised this evening they will be honoring the Michigan City Marquette High School Ladies Basketball 2018 Championship Team. Mayor Ron Meer read the following Proclamation in its entirety: WHEREAS: With the support of the Marquette High School Administration, including Principal, James G. White, Assistant Principal, Allyson Headd and Assistant Director of Athletics, Brad Collignon, Head Coach, Katie Collignon and assistant coaches, Dan Radtke and Renee Turpa, guided the 2017-2018 Marquette Catholic Lady Blazers to an impressive 27-2 record; and WHEREAS: For the first time in the history of the Indiana Girls High School Basketball Tournament, a team from Michigan City, Indiana was represented in the championship game; and WHEREAS: On February 24, 2018, the Marquette Catholic Lady Blazers Girls Basketball team culminated their impressive regular season and tournament run with a hard-fought victory in the IHSAA Class A Girls Basketball State Title Championship game at Bankers Life Fieldhouse in Indianapolis, Indiana; and WHEREAS: After being down 11-6 after the first quarter, the Class A #1 ranked Marquette Catholic Lady Blazers turned into the defensive juggernaut that has been a hallmark of their entire season, holding their opponent to two second quarter points and allowing only thirty-one points for the entire game, an Indiana Girls High School Class A State Championship record for fewest points allowed; and WHEREAS: Behind a total team effort and the backing of Michigan City fans in the stands, the Marquette Lady Blazers rode their defense and timely offense to victory, beating the Class A #2 ranked team in the state, Vincennes Rivet, 38-31; and WHEREAS: The Marquette Catholic Lady Blazers Girls Basketball team: Mackenzie Marovich, Amani Corral, Sophia Nolan, Emma Nolan, Emmery Joseph, Morgan Crook, Dia Rallings, Claire Salyer, Ukari Payne, Jorden Goodwin, Ally McConnell, Ryleigh Grott, Ana Sanz Pardo, Kassandra Loza and manager Reakiyah Webster have made our community proud and supplied themselves and all of us with memories that will last forever. NOW THEREFORE, I, Mayor Ron Meer, of Michigan City, Indiana do hereby proclaim March 20, 2018 as: A NIGHT OF RECOGNITION FOR OUR IHSAA CLASS A STATE BASKETBALL CHAMPIONS----MARQUETTE CATHOLIC LADY BLAZERS I congratulate the Marquette Lady Blazers Girls Basketball team, the players, coaches, administrators as well as the parents and fans, and hereby recognize them for their outstanding achievement of bringing the State Class A Championship Trophy home to our city. Page 4 March 20, 2018 Councilwoman Boy commented that they did a great job and the City is very proud of them. Councilman Stimley commented to the Lady Blazer’s Basketball Team, you young ladies truly represent the meaning of a team that works together; congratulations State Champs you have inspired us all. Councilman Simmons congratulated the ladies; commenting on being an old Red Devil and their loss in the regionals; advising they should cherish the moment forever. Councilman Bietry commented on his teaching at Marquette; further commenting on getting a Championship at Marquette, and that who know it just took girls sports; continuing to comment on being principal at Elston when they brought home championships; congratulating them on their championship. Councilman Dabney congratulated the ladies. President Przybylinski commented on being at the State Championship game; stating it was inspiring and exciting to be there; continuing to comment on the ladies and their representation of Michigan City and their sportsmanship. President Przybylinski advised the Council would take a five minute recess. President Przybylinski called the meeting back to order; advising the Michigan City Social Status of African American Males Commission will present their 2017 Annual Financial Report. Mrs. Gerry Jones addressed the Council advising she would be presenting the Michigan City Social Status of African American Males Commission 2017 Annual Report, which would include their programs as well as their financials. (Note: the Michigan City Social Status of African American Males Commission 2017 Annual Report and Financial Report are on file in the City Clerk’s Office) President Przybylinski thanked Mrs. Jones, Mrs. Moore and Mr. Fitzpatrick for their presentation; commenting they are doing a fantastic job with the commission. President Przybylinski asked if there were any other reports of Other City Officers and Departments; there was no response. CLAIM DOCKETS President Przybylinski stated the Claims for Fund #2042 – Riverboat is $97,226.23 and Fund #2031 – Boyd Development – $1,607.68. President Przybylinski asked if there were any comments and hearing none, a motion was made by Councilman Bietry, second by Councilman Dabney and approved. Motion carried 8-0. PETITIONS Clerk Neulieb advised the Council that a petition was received in the Clerk’s Office on February 26, 2018 from Wallace S. Pritz for the Vacation of Public Right-of-Way. COMMUNICATIONS Page 5 March 20, 2018 Clerk Neulieb advised the Council that a correspondence was received in the City Clerk’s Office from Ken Havlin M.C.P.D. Dunes Lodge #75 on March 1, 2018. RESOLUTIONS The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4706 AMENDING RESOLUTION NO. 4533 AUTHORIZING PETTY CASH AND CASH CHANGE FUNDS WHEREAS, Indiana Code No. 36-1-8-2 authorizes the Common Council to establish cash change funds for officers and employees who collect cash revenues on behalf of the City; WHEREAS, the Indiana Code 36-1-8-3 authorizes the Common Council to establish petty cash funds for City offices; and WHEREAS, the Common Council previously authorized cash change/petty cash funds through Resolution No. 4063 and 4074, as amended by Resolution Nos. 4063, 4074, 4132, 4283, 4290, 4396, 4456, 4486 and 4533; and WHEREAS, the current circumstances require adding to the list of authorized custodians, and more specifically, the need exists to add the Special Events and Recreational Coordinator, who will be selling City promotional items, to the list of custodians authorized to maintain a cash change fund and provide the Special Events and Recreational Coordinator with an authorized cash change in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Michigan City, Indiana as follows: Section 1. Authorized cash change/petty cash funds, amounts, and custodians are established as follows: Department Custodian Amount Aviation Airport Manager $ 250.00 Barker Civic Center BCC Director $ 50.00 Central Services Central Services Supt $ 50.00 Controller City Controller $ 100.00 Fire Fire Chief $ 50.00 Greenwood Cemetery Cemetery Superintendent $ 150.00 Swan Lake Cemetery Cemetery Superintendent $ 40.00 Golf Director of Golf $ 1,000.00 Park Department Park Superintendent $ 100.00 Park Department (Washington Park Administrative Park Parking) Director $ 1,850.00 Park Department (Patriot Park Park Administrative Parking) Director $ 600.00 Page 6 March 20, 2018 Park Department (parking Park Administrative stickers) Director $ 75.00 Park Department (recreation) Recreation Director $ 300.00 Park Department (Oasis Admissions) Recreation Director $ 200.00 Park Department (Oasis Concessions) Zoo Retail Manager $ 600.00 Park Department (Sandbar Concessions) Zoo Retail Manager $ 600.00 Park Department (Patriot Park Concessions) Recreational Director $ 600.00 Zoo Admissions Zoo Retail Manager $ 400.00 Zoo Concessions (Peacock Café Zoo Retail Manager $ 400.00 Zoo Gift Shop (Treehouse) Zoo Retail Manager $ 400.00 Police Police Chief $ 100.00 Planning/Inspection Plan Director $ 200.00 Merchandising/Custodian Special Events/Rec. Coordinator $ 150.00 Section 2. The City Controller is authorized to issue each custodian a check as required to meet the above cited amounts and written procedures for the use and documenting the use of the petty cash funds. Section 3. The entire cash change/petty cash fund shall be returned to the Department’s Fund whenever there is a change in the custodian of the fund or the fund is no longer needed, and the City Controller shall verify the accuracy of the accounting for the fund at that time. 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/ Tim Bietry, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 20th day of March, 2018 by a vote of 8 to 0. /s/ Don Przybylinski, President Michigan City Common Council Councilman Bietry explained the City now has a Special Events and Recreational Coordinator, who know needs to be added to the list of departments/employees that are authorized to have small amounts of petty cash in accordance with the City’s ordinance; further commenting on the matter. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed resolution; there was no response. President Przybylinski asked if there were any Council comments. Councilwoman Carnes made a motion to approve the proposed resolution, second by Councilwoman Boy. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed resolution was adopted by the following vote: AYES: Council Members Przybylinski, Simmons, Stimley, Bietry, Boy, Dabney, Carnes and Hamilton (8). NAYS: None (0). ORDINANCE Page 7 March 20, 2018 The Clerk read the following proposed ordinance on first reading by title only, VACATING PUBLIC RIGHT-OF-WAY AND RETENTION AREA EASEMENT DESCRIBED AS THE SOUTH 30 FEET OF THE EAST 213.21 FEET OF THE PLATTED NORTH RIVIERA DRIVE IN MICHIGAN CITY, INDIANA Introduced by: Pat Boy Councilwoman Boy explained the proposed area vacating the public right-of-way and retention area easement, which will help alleviate some of the flooding problems on Ohio Street. President Przybylinski advised there will be a Formal Public Hearing on the proposed ordinance; repeating three (3) times, is there anyone from the public who wishes to comment on the proposed ordinance. Attorney James Masters, of Nemeth, Feeney, Masters and Campiti, South Bend, Indiana, addressed the Council on behalf of Wallace Pritz, who is the owner of the property that is Riviera Estates, located at Riviera Drive and Ohio Street, regarding Vacating the Public Right-of Way and Retention Area Easement described as the South 30 feet of the East 213.21 feet of the platted North Riviera Drive in Michigan City, Indiana; explaining the proposed area and the addition of four (4) new structures/duplexes for a total of eight (8) new homes at this site; further commenting on the area of the retention pond and its purpose; a much larger detention pond dedicated in the center of this subdivision; the easement that runs North on Riviera Drive; the agreement with the Sanitary District for maintenance of the detention pond that is built into the subdivision covenant; asking the Council for their approval; advising that Mr. Pritz as well as Mr. Tony Hendricks, Surveyor for the project, were present this evening. President Przybylinski asked if there was anyone else from the public who wished to comment on the proposed ordinance; there was no response; and the Formal Public Hearing was closed. President Przybylinski asked if there were any Council comments on the proposed ordinance; there was no response; advising the proposed ordinance would be held over for second reading at the April 3, 2018 meeting. The Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR CONTRACTURAL LEGAL SERVICES Introduced by: Pat Boy (DECREASE Riverboat Fund # 2042 Unappropriated balance $15,000.00 INCREASE ACCOUNT: 2042.000.431.010 Legal Services $15,000.00) Councilwoman Boy explained the Council’s attorney has been doing a lot of extra work outside of his usual Council work, and funding for that needs to be appropriated for it. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance; there was no response and public comment was closed. President Przybylinski asked if there were any Council comments on the proposed ordinance; there was no response; advising the proposed ordinance would be held over for second reading at the April 3, 2018 meeting. Page 8 March 20, 2018 The Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO PROVIDE FUNDING FOR THE RESTORATION OF THE ROTARY CASTLE AT THE MICHIGAN CITY ZOO Introduced by: Johnny Stimley Bryant Dabney (DECREASE Riverboat Fund # 2042 Unappropriated balance $316,713.00 INCREASE ACCOUNT: 2042.504.443.050 Capital Outlay -Buildings-Other Buildings $316,713.00) Councilman Stimley commented on Washington Park and the Zoo, and the WPA structures located there, specifically the Rotary Castle and the much need restoration of the inside and outside of the building; further commenting on the animals that will be housed there after the restoration project is completed; continuing to comment on his hopes for the continued restoration of the WPA structures located in Washington Park and the Zoo, which will be celebrating its 90th Anniversary this year; stating he is strongly supportive of supporting this project. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance. Jeremy Kienitz, Park Superintendent, addressed the Council thanking Councilman Stimley for his words, and the Council for the multiple sponsors; explaining that the $316,713.00 is for half of the project and the other half has already been approved and funded, pending your approval, by the Redevelopment Commission; further commenting on the funding; expressing his appreciation of the Council’s consideration of the proposed ordinance. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance; there was no response and public comment was closed; advising there would be a Formal Public Hearing at the April 3, 2018 meeting. President Przybylinski asked if there were any Council comments. Councilwoman Carnes asked to be added as a Co-Sponsor to the proposed ordinance. Councilwoman Boy asked to be added as a Co-Sponsor to the proposed ordinance. Councilman Simmons asked to be added as a Co-Sponsor to the proposed ordinance. President Przybylinski asked if there were any other Council comments. Councilwoman Boy echoed Councilman Stimley’s words in that this has been a long time coming and they really need to do this. President Przybylinski stated he would be sending this to the Finance Committee for their review and recommendation. The Clerk read the following proposed ordinance on second reading by title only, AMENDING SEC. 2-458(e), SEC. 2-459(c)(6), AND SEC. 66-62(E) IN THE MICHIGAN CITY MUNICIPAL CODE TO REQUIRE THE SUBMISSION OF ANNUAL ACTIVITY AND SPENDING REPORT FROM THE PUBLIC ART COMMISSION, THE WOMEN’S COMMISSION, AND THE HUMAN RIGHTS COMMISSION TO THE COMMON COUNCIL & AMENDING SEC. 2-457(B)(2)(b)(2) IN THE MICHIGAN CITY MUNICIPAL CODE TO RECOGNIZE THAT THE MINORITY HEALTH COALITION IS NOW KNOWN AS THE COMMUNITY ADVOCATES OF NORTHERN INDIANA Introduced by: Don Przybylinski Page 9 March 20, 2018 President Przybylinski made a motion to amend the proposed ordinance by substitution, second by Councilwoman Boy. President Przybylinski explained why the proposed ordinance was being amended by substitution and the concerns of Councilwomen Carnes and Boy regarding the original proposed ordinance lumping together two ordinances; further explaining they are being separated to make them less confusing, to make things simpler and cleaner for everyone to understand, which was the reason for the Workshop that was held on March 13, 2018; continuing to comment on the amendment of the proposed ordinance by substitution. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed amendment by substitution on the proposed ordinance; there was no response. President Przybylinski asked if there were any other Council comments on the proposed amendment by substitution; there was no response. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed amendment by substitution was adopted by the following vote: AYES: Council Members Simmons, Stimley, Bietry, Boy, Dabney, Carnes, Hamilton and Przybylinski (8). NAYS: None (0). President Przybylinski stated the two amendments would be held over for third reading at the April 3, 2018 Council meeting. The Clerk read the following proposed ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO PROVID FUNDING TO THE MICHIGAN CITY HUMAN RIGHTS COMMISSION TO SUPPORT THEIR RESPECTIVE PROJECTS AND PROGRAMS Introduced by: Don Przybylinski Co-sponsored by: Pat Boy (DECREASE Riverboat Fund # 2042 Unappropriated balance $ 10,000.00 INCREASE ACCOUNT: Human Rights Donation - Fund #4152 $10,000.00) President Przybylinski advised that he is the Liaison to the Human Right Commission; commenting on how they are funded for their programs. Councilwoman Boy commented that this is not a regular donation it’s just a one (1) time appropriation, unless the Mayor decides to appropriate funding for next year. President Przybylinski advised there will be a Formal Public Hearing on the proposed ordinance; repeating three (3) times, is there anyone from the public who wishes to comment on the proposed ordinance. Carl Ridle, Executive Director, Human Rights Department, addressed the Council presenting a summary of their budgeted items for 2018; stating any assistance the Human Rights Commission can get from the Council is greatly appreciated and will help them to advance their concerns in terms of providing educational opportunities for our citizens. President Przybylinski asked if there was anyone else from the public who wished to comment on the proposed ordinance. Faye Moore, 515 Grace Street, former Human Right Commissioner, addressed the Council commenting on much needed funding for the Commission to continue to carry on their perspective programs/projects/scholarships; commenting on the Judy Hubner Scholarship; asking the Council to support the proposed funding. Page 10 March 20, 2018 President Przybylinski asked if there was anyone else from the public who wished to comment on the proposed ordinance; there was no response; and the Formal Public Hearing was closed. President Przybylinski asked if there was anyone from the Council who wished to comment on the proposed ordinance. Councilwoman Boy commented that all four (4) of the commissions receiving funding by appropriation will still continue to do fundraising to help support their programs/projects/scholarships. President Przybylinski asked if there was anyone else from the Council who wished to comment on the proposed ordinance; there was no response; advising the proposed ordinance would be held over for third reading at the next meeting on April 3, 2018. The Clerk read the following proposed ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO PROVIDE FUNDING FOR EMERGENCY ROADWORK AND REPAIRS Introduced by: Tim Bietry Candice Silvas Sharon Carnes Co-sponsored by: Bryant Dabney Pat Boy Gene Simmons (DECREASE Riverboat Fund # 2042 Unappropriated balance $300,000.00 INCREASE ACCOUNT: 2042.114.443.030 Capital Outlay Building-Streets $300,000.00) President Przybylinski asked if the authors had anything to add at this time. Councilman Bietry advised the proposed ordinance did go to the Finance Committee on March 13, 2018 for their review and recommended 3-0 unanimous vote that the Council support this when it goes to third reading. President Przybylinski asked if any of the other authors had anything to add at this time; there was no response. President Przybylinski advised there will be a Formal Public Hearing on the proposed ordinance; repeating three (3) times, is there anyone from the public who wishes to comment on the proposed ordinance; there was no response; and the Formal Public Hearing was closed. President Przybylinski asked if there were any comments from the Council; there was no response; advising the proposed ordinance would be held over to the April 3, 2017 meeting. The Clerk read the following proposed ordinance on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE BOYD DEVELOPMENT FUND TO PROVIDE FUNDING FOR TRAFFIC SAFETY IMPROVEMENTS TO SCHOOLS AND PARKS Introduced by: Don Przybylinski (DECREASE Boyd Development Fund # 2031 Unappropriated balance $450,000.00 INCREASE ACCOUNT: 2031.114.444.050 Capital Outlay, Other Improvements $450,000.00) President Przybylinski advised he had no further comments on the proposed ordinance this evening. Page 11 March 20, 2018 President Przybylinski advised there will be a Formal Public Hearing on the proposed ordinance; repeating three (3) times, is there anyone from the public who wishes to comment on the proposed ordinance; there was no response and the Formal Public Hearing was closed.. President Przybylinski asked if there were any Council comments on the proposed ordinance. Councilman Bietry commented that the proposed ordinance did go to the Finance Committee on March 13, 2018 for their review and recommended 3-0 unanimous vote that the Council support this when it goes to third reading. President Przybylinski asked if there were any further Council comments; there was no response; advising the proposed ordinance would be held over for third reading at the next Council meeting on April 3, 2018. The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4468 CREATING SECTION 2-410 IN CHAPTER 2 OF THE MICHIGAN CITY MUNICIPAL CODE REGARDING THE CUMULATIVE CHANNEL MAINTENANCE FUND WHEREAS, on July 18, 1995 the Common Council enacted Resolution No. 3771 entitled “Resolution Determining to Establish a Cumulative Channel Maintenance Fund” and said Resolution was approved by the Mayor on July 19, 1995; and WHEREAS, Resolution No. 3771 established a Cumulative Channel Maintenance Fund to specifically provide funds “… to dredge channels, to repair bulkheads, pilings, docks and wharves, and for funds with which to maintain and operate existing facilities erected and constructed and repaired by Cumulative Channel Maintenance Funds in the past, and all located within the territorial jurisdiction of the Port Authority of the City of Michigan City, Indiana…” by virtue of a tax levy of “…Five Cents ($.05) on each One Hundred Dollars ($100.00) of taxable personal and real property within the taxing district…;” and WHEREAS, on 12th day of February, 2018, the Board of Directors of the Michigan City Port Authority enacted a Resolution entitled “Resolution of the Board of Directors of the Michigan City Port Authority Recommending an Amendment to Resolution No. 3771,” recommending that the Common Council add the following as a permissible use of the Cumulative Channel Maintenance Fund pursuant to I.C 8-10-5-17(a)(5): “Regulation and enforcement of regulation of all uses and activities related to waters that are under the jurisdiction of the Port Authority;” and WHEREAS, the Common Council desires to implement the recommendations by the Board of Directors of the Michigan City Port Authority and reasonably believes that the use of the Cumulative Channel Maintenance Fund for “regulation and enforcement of regulation of all uses and activities related to waters that are under the jurisdiction of the Port Authority” is in the best interest of the City and its residents and visitors; and WHEREAS, the Common Council further desires that the Cumulative Channel Maintenance Fund be codified in the Michigan City Municipal Code under Chapter 2. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that Section 2-410 shall be created in Chapter 2 of the Michigan City Municipal Code and shall read as follows: Sec. 2-410. Cumulative Channel Maintenance Fund. Common Council Resolution No. 3771 created the Cumulative Channel Maintenance Fund and provided that there be Page 12 March 20, 2018 levied an additional tax of Five Cents ($.05) on each One Hundred Dollars ($100.00) of taxable personal and real property within the Port Authority’s taxing district to provide monies for the Cumulative Channel Maintenance Fund. This Fund shall be a restricted, non-reverting fund. The purpose of this Fund shall be to provide funding for the following: a. Dredging of channels; b. Repairing bulkheads, pilings, docks, and wharfs; c. Maintaining and operating existing facilities erected, constructed, and repaired by the Cumulative Channel Maintenance Funds; and d. Regulation and enforcement of regulation of all uses and activities related to waters that are under the jurisdiction of the Port Authority. The City shall not use the funds in its Cumulative Channel Maintenance Fund for any other purposes than those stated herein and such funds shall be administered by the Controller. 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/ Don Przybylinski, President Michigan City Common Council /s/ Johnny Stimley, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 20th day of March 2018 by a vote of 8 to 0. /s/Don Przybylinski, President Michigan City Common Council President Przybylinski asked if the author had anything to add. President Przybylinski commented on the Channel Maintenance Fund and what it could be used for (dredging/break walls/maintenance restricted to waterways); continuing to comment that the proposed ordinance after passage will change so that the funding can be utilized for safety purposes/items; further commenting on the camera system that is being proposed for installation along the pier/waterfront and what they hope to accomplish with these cameras. President Przybylinski asked if there was anyone from the public who wished to speak on the proposed ordinance; there was no response. President Przybylinski asked if there were any comments from the Council. Councilwoman Carnes commented on the Port Authority meeting where they discussed the proposed change to the ordinance, and at that time the only thing mentioned was the security aspects of the expenditure; restating her previous comment that the City has a history of failed camera projects; further commenting on the cameras the city has placed and the lack of data to prove they are decreasing crime/vandalism; continuing to comment on the proposed re-design to the entrance to Washington Park; advising the specific language regarding the installation of cameras at the park has been removed from the proposed ordinance; further advising that she does not have any objection to the language that is presently in the ordinance, although she does object to cameras. Councilman Hamilton made a motion to approve the proposed ordinance, second by Councilwoman Boy. Page 13 March 20, 2018 President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed ordinance was adopted by the following vote: AYES: Council Members Stimley, Bietry, Boy, Dabney, Carnes, Hamilton, Przybylinski and Simmons (8). NAYS: None (0). The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4469 AMENDING ORDINANCE NO. 4454 COMMONLY KNOWN AS THE “2018 SALARY ORDINANCE” TO CREATE THE POSITION OF SEASONAL ZOO MAINTENANCE CRAFTSMAN IN THE PARK DEPARTMENT WHEREAS, on October 17, 2017, the Michigan City Common Council enacted and on October 18, 2017, the Mayor approved Ordinance No. 4454, which established the salaries and wages for appointed officials and employees for the year 2018; and WHEREAS, since that time, the need now exists to create the seasonal position of Maintenance Craftsman in the Park Department; and WHEREAS, the Controller’s Office has advised that sufficient funds exist in the 2018 salary budget to fund the position of Maintenance Craftsman in the Park Department. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, as follows: 1. The position of Maintenance Craftsman shall be added to Section 1 of Ordinance No. 4454, specifically under the Park Zoo in the Park Department, and shall read as follows: Annual Salary or Rate per Hour Maintenance Craftsman $8.25 - $8.75 2. All other provisions of Ordinance No. 4454 shall remain in full force and effect. 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/ Johnny Stimley, Member Michigan City Common Council CO-SPONSORED BY: /s/ Bryant Dabney, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 20th day of March, 2018 by a vote of 8 to 0. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski asked if the authors had anything they would like to add. Councilman Stimley echoed once again that he feels this should be a full-time job, and hopes to see it in next year’s budget that it becomes one. President Przybylinski asked if the other author had anything to add at this time; there was no response. Page 14 March 20, 2018 President Przybylinski asked if there was anyone from the public who wished to speak on the proposed ordinance; there was no response. President Przybylinski asked if there was anyone from the Council who wished to speak on the proposed ordinance. Councilman Hamilton made a motion to approve the proposed ordinance; second by Councilwoman Boy. President Przybylinski commented on the addition of the maintenance craftsman being added to the 2018 Salary Ordinance; agreeing with Councilman Stimley wholeheartly; commenting on the position, pay and job requirements; further commenting on the Park Department’s pay scale. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed ordinance was adopted by the following vote: AYES: Council Members Bietry, Boy, Dabney, Carnes, Hamilton, Przybylinski, Simmons and Stimley (8). NAYS: None (0). The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4470 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO PROVIDE FUNDING TO THE MICHIGAN CITY PUBLIC ART COMMISSION, THE MICHIGAN CITY COMMISSION ON WOMEN, AND THE SOCIAL STATUS OF AFRICAN-AMERICAN MALES COMMISSION TO SUPPORT THEIR RESPECTIVE PROJECTS AND PROGRAMS 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 2018 Annual Budget to provide funding of $10,000.00 each to the Michigan City Public Art Commission, the Michigan City Commission on Women, and the Social Status of African-American Males Commission to support each of their respective projects and programs; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #2042 to be appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte 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 above, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE Riverboat Fund # 2042 Unappropriated balance $ 30,000.00 INCREASE ACCOUNT: Public Arts Committee Donation - Fund #4150 $10,000.00 Commission on Social Status of African American Males Donation - Fund #4151 $10,000.00 Commission for Women Donation - Fund #4154 $10,000.00 TOTAL FOR FUND $ 30,000.00 Page 15 March 20, 2018 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/ Candice Silvas, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 20th day of March, 2018 by a vote of 8 to 0. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski asked if the author had anything to add; there was no response. President Przybylinski asked if there was anyone from the public who wished to speak on the proposed ordinance; there was no response; advising the Formal Public Hearing was held on March 6, 2018. President Przybylinski asked if there were any Comments from the Council. Councilman Bietry made a motion to approve the proposed ordinance; second by Councilman Hamilton. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed ordinance was adopted by the following vote: AYES: Council Members Boy, Dabney, Carnes, Hamilton, Przybylinski, Simmons, Stimley and Bietry (8). NAYS: None (0). UNFINISHED BUSINESS President Przybylinski advised the Council has a vote under Unfinished Business; the Council has one (1) appointment to the Urban Enterprise Association due to the resignation of Amy Penrod - term to begin immediately and expire December 31, 2020; stating this person must be a resident of the Urban Enterprise Zone; advising the nominee is Mr. David Augustus. Councilwoman Carnes made a motion to approve the nominee, Mr. David Augustus, second by Councilwoman Boy. President Przybylinski stated there is a motion by Councilwoman Carnes, second by Councilwoman Boy for the vote for Mr. Davis Augustus; asking all in favor to signify by saying “AYE”; all responded “AYE”; those opposed; there was no response; congratulating Mr. Augustus on his appointment to the Urban Enterprise Zone. President Przybylinski advised the Council also has a vote under Unfinished Business; the Council has one (1) appointment to the Michigan City Community Enrichment Corporation – term expires: March 31, 2018; stating the incumbent is Mr. Jack VanEtten; explaining that Mr. VanEtten has provided his completed boards/commission form and a letter asking for the Council’s support for his re-appointment to the Community Enrichment Corporation. Councilwoman Boy made a motion to approve the nominee, Mr. Jack VanEtten, second by Councilmen Bietry and Dabney. President Przybylinski stated there is a motion by Councilwoman Boy, second by Councilmen Bietry and Dabney for the vote for Mr. Jack VanEtten; asking all in favor to signify by saying “AYE”; all responded “AYE”; those opposed; there was no response; Page 16 March 20, 2018 congratulating Mr. Jack VanEtten on his re-appointment to the Community Enrichment Corporation. NEW BUSINESS President Przybylinski advised Mayor Meer is requesting the advice and consent of the members of the Michigan City Common Council regarding his re-appointment of Mr. John Haynes as a member of the Michigan City Port Authority Commission-term to begin immediately and expire April 12, 2022; advising there would be a vote on this tonight; asking all in favor to signify by saying “AYE”; all responded “AYE”; those opposed; there was no response; congratulating Mr. Haynes on his re-appointment to the Port Authority Commission. COMMENTS FROM THE PUBLIC President Przybylinski asked if there was anyone from the public who wished to speak at this time; there was no response; and public comment was closed. COMMENTS FROM THE COUNCIL President Przybylinski asked if there were any comments from the Council. Councilman Stimley commented on a Dog Park for Michigan City; the St. Patrick’s Day Parade - “thanking” the members of the Michigan City Mainstreet Association and the many volunteers and businesses, including the Zoological Society and the Michigan City Public Library for their help with the movie and magician for the kids, and Debbie Henkle for the Food Drive for LaPorte County, along with the restaurants and pubs that sponsored the Paddy Wagon that helped make the St. Patrick’s Day parade a great success; the Michigan City Washington Park Zoo opening on April 1, 2018, along with the Lighthouse Museum; and the Easter Egg Hunt that the Michigan City Police Department sponsors with help from Captain Ed’s on Saturday, March 24, 2018. Councilman Bietry “thanked” the student body at the Michigan City High School regarding their walk-out against gun violence. Councilman Przybylinski commented on the “March for Change” event that took place at the M.C. High School regarding gun violence and school shootings; advising the Council Dan Legler has contacted him with regards to the energy efficiency program that is being undertaken by the City; stating a workshop will be called in the near future to review and discuss the program. Councilwoman Boy commented on the walk out at M.C. High School and future events of this nature scheduled in nearby communities. President Przybylinski asked if there were any other comments from the Council; there was no response. ADJOURNMENT A motion by Councilwoman Boy, supported by Councilman Hamilton and there being no further business to transact, President Przybylinski declared the meeting ADJOURNED (approximately 8:27 p.m.) ______________________________ Gale A. Neulieb, City Clerk