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City Council

Regular Meeting

Michigan City, IN · May 1, 2018

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Minutes

REGULAR MEETING – May 1, 2018 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, May 1, 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, Candice Silvas, Gene Simmons and Johnny Stimley (9). ABSENT: COUNCIL MEMBERS None (0). 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 April 17, 2018. Councilwoman Boy made a motion to approve the Regular meeting minutes held on April 17, 2018; second by Councilman Dabney. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilman Bietry presented the following Finance Committee meeting minutes: The Finance Committee was called to order this evening at 6:05 p.m. by Chairman Bietry to review claims filed since the April 17, 2018 meeting. Committee members Bietry, Przybylinski and Dabney were present as well as Council members Simmons and Carnes. Also in attendance were Controller Richard Murphy and Attorney Meyer. Claims reviewed totaled $18,280.66 from the Boyd Development Fund and $77,845.22 from the Riverboat Fund for a total of $96,125.88. There was some discussion about a $500 item that was not a payment, but a transfer to the Sanitary District for a permit fee. There was confusion about why the city has to pay itself for a permit fee. There was also an .18 cent oversight by the State Board of Accounts. However, the docket is correct as submitted. There were no further issues to discuss and Councilman Przybylinski moved to recommend approval of the docket, with a second by Councilman Dabney. The motion was approved unanimously. The meeting adjourned at 6:16 p.m. The summary of claims was as follows: From the Boyd Fund: $1,000.00 to the MC Chamber of Commerce for recognition in the 2018 Centennial Partnership Celebration $750.00 to Sam Hook Design for MC Farmer’s Market Logo Development $14,680.28 to SEH of Indiana LLC for BLOOM Annexation Fiscal Plan $1,850.38 to The Times of NW Indiana for ads, Search Boost, and Digital Connect From the Riverboat Fund: $260.00 to D&M Excavating for sinkhole/manhole repairs for Sanitary District $1,190.06 to Graybar Electric for materials and installation of fiber optics Page 2 May 1, 2018 $22,240.85 to Haas & Assoc. for 2018 Paving and Sidewalk repair program $6,257.00 to Tyler Technologies for New World ERP software installation $7,847.18 to Woodruff & Sons for City Hall pipe repair $39,550.31 to Butler Fairman & Seufert Inc. for runway extension and road lowering environmental/engineering and survey work for the municipal airport President Przybylinski advised he did have a report from the Labor Relations Committee, which held an Executive Session on April 18, 2018 at 8:30 a.m. to start discussions with the F.O.P. negotiating team for the Police Department; stating those in attendance were Councilmembers Przybylinski, Bietry, Hamilton, Controller Murphy, Assistant Controller Hoffmaster, City Attorney Lapaich and Council Attorney Meyers. 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 Laura Krupp, We Create Media, Project Manager for the Marketing Team, presented the Council with an update on the 2018 marketing campaign. (Note: a copy of the presentation is on file in the City Clerk’s Office) Councilman Bietry commented on the Finance Committee meetings and claims for they review for the 2018 Marketing campaign/ads; also commenting on the regional marketing/ads; and the return on investment. Councilman Dabney asked about links for the Park and Recreation Departments events, as well as links to the LaPorte County Convention and Visitors Bureau. Ms. Krupp advised they are working with the partners and do have links to the LCCVB. Councilman Stimley commented as a member of the Zoological Society and Mainstreet Association, they really appreciate the good work that has been done with advertising. Ms. Krupp commented on the Washington Park Zoo and it celebrating its 90th year. President Przybylinski commended on reaching out regionally with advertising Michigan City and the events taking place. CLAIM DOCKETS President Przybylinski stated the Claims for Fund #2042 – Riverboat is $77,845.22 and Fund #2031 – Boyd Development – $18,280.66. President Przybylinski asked if there were any comments and hearing none, a motion was made by Councilman Bietry, second by Councilwoman Boy and approved. Motion carried 9-0. Page 3 May 1, 2018 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 NO. ________________ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, APPROVING AN ORDER OF THE CITY OF MICHIGAN CITY PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION FOR THE COMMUNITY CENTER NO. 1 EXPANDED URBAN RENEWAL AREA ADOPTED BY THE MICHIGAN CITY REDEVELOPMENT COMMISSION WHEREAS, the Michigan City Redevelopment Commission (the "Commission"), the governing body of the City of Michigan City, Indiana, Department of Redevelopment exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time (the "Act"); and WHEREAS, on April 9, 2018, the Commission approved and adopted its Resolution No. 2-18, entitled "Resolution of the City of Michigan City, Indiana, Redevelopment Commission Designating and Declaring A Certain Area as a Redevelopment Area to Amend the Boundaries of the Community Center No. 1 Expanded Urban Renewal Area and its Allocation Area and to Amend the Development Plan for the Area" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution designated and declared a certain area within the City of Michigan City, Indiana (the "City"), to be a redevelopment area and an allocation area for the purposes of tax increment financing, more particularly described in Exhibit A to the Declaratory Resolution (collectively, the "Expansion Area"), to expand the existing Community Center No. 1 Expanded Urban Renewal Area (the "Area") and approved amending the development plan for the Area (the "Plan"); and WHEREAS, on April 24, 2018, the City of Michigan City Plan Commission (the "Plan Commission") met and adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining that the Declaratory Resolution and the Plan, as the same is amended by the Declaratory Resolution to include the Expansion Area, conform to the plan of development for the City and approved, ratified and confirmed the Declaratory Resolution, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment, as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order; NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, AS FOLLOWS: All of the stated “WHEREAS” clauses are incorporated herein by reference. The Plan Commission Order attached hereto is hereby approved, ratified and confirmed in all Page 4 May 1, 2018 respects. The determination that the Expansion Area constitutes a redevelopment area under the Act is hereby approved pursuant to Section 15 of the Act. This Resolution shall be in full force and effect from and after its passage by the Common Council and upon compliance with the procedures required by law. Adopted at a meeting of the Common Council of the City of Michigan City, Indiana, held on this _____ day of May, 2018. Introduced by: Sharon Carnes, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this ____ day of May, 2018. Donald Przybylinski, President Michigan City Common Council President Przybylinski asked if the author had anything to add at this time. Councilwoman Carnes explained this is an expansion of the North TIF district - east; further explaining this is an area in need of redevelopment and both the Redevelopment Commission and Plan Commission agreed; stating the Redevelopment Commission approved this on April 9, 2018 and the Plan Commission approved this on April 24, 2018, and that this is in the public interest to expand the North TIF; advising Mr. Craig Phillips and Mr. Randy Rampola are present this evening to answer any more detailed questions the Council might have. President Przybylinski asked if there was anyone from the public who wished to speak on the proposed resolution. Craig Phillips, City Planner, addressed the Council explaining the proposed Resolution is an expansion of the existing North TIF district; primarily the area that’s located between US Hwy 12 and Trail Creek, east of the Casino; further commenting on the use of TIF dollars within TIF Districts and the recent change in the law regarding spending those funds; the comprehensive plan; redevelopment along that corridor; explaining how TIF dollars works; reinvestment/redevelopment of those properties; tax abatements for this area; planned investments; the Waste Inc. property; Singing Sands Phase II project and how it is being funded; Friendship Gardens; presenting the Council with a color copy of the map with the projected area that includes approximately 60 parcels. Randy Rampola, Barnes and Thornberg, South Bend, IN, addressed the Council regarding the proposed resolution; commenting on the action of the Redevelopment Commission to adopt the Declaratory Resolution and the Plan Commission to approve the Declaratory Resolution, and the authority of the Council under the Redevelopment statute is to approve the action of the Plan Commission; the steps that will follow after the proposed resolution is approved by the Council; how TIF funding can be utilized; further commenting on the matter and the change in the law regarding this. Mr. Phillips addressed the Council further commenting on business investments in this area; TIF incentives; Riverboat dollars; tax abatements; investment incentives for new businesses; and the undeveloped properties in the proposed area. Page 5 May 1, 2018 President Przybylinski asked if there were any Council comments on the proposed resolution. Councilman Dabney asked how this would affect the General Fund. Discussion ensued between Mr. Rampola and Councilman Dabney regarding the tax impact statement that will be sent out if the Council approves the proposed resolution, which is being looked at now; further commenting on the matter; and that right now there is no impact on the General Fund as there is no assumption of increases in assessed value. Councilman Bietry commented on the proposed resolution and funding that will be generated by the TIF dollars for spending in that area for infrastructure improvements; also commenting on not approving the proposed resolution and how funding from the Riverboat Fund would be the only funding available then. Mr. Phillips commented on the proposed Casino expansion and the current TIF area along with how the TIF funding of that area will roll off. Mr. Rampola commented on the roll off; modifying the tax rate; the TIF area; overlapping tax units; the tax rate being capped; further commenting on the matter. Councilman Dabney commented on the expansion of the TIF district and where the dollars will be sent. Mr. Rampola commented on the incremental assessed value; the intent of the statue; and fostering development along that corridor. Councilman Stimley commented that he has heard the “pro’s” of a TIF District, but did not hear any of the “con’s” of a TIF District; expressing concerns with expanding the TID Districts; employee raises; employee benefits/better insurance; the money being locked into the TIF District; appreciative of the presentation on the twenty (20) year freeze that will be put with the tax dollars; stating he would like to see this TABLED and a workshop held. Councilman Stimley made the motion to TABLE the proposed resolution until the next Council meeting and have a workshop; 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 resolution was TABLED by the following vote: AYES: Council Members Hamilton, Przybylinski, Silvas, Stimley and Dabney (5). NAYS: Carnes, Simmons, Bietry and Boy (4). President Przybylinski stated the proposed resolution has been TABLED until the next Council meeting on May 15, 2018; and the Planning & Zoning Committee, chaired by Councilwoman Carnes, will call a meeting to discuss the matter. The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION 4709 Page 6 May 1, 2018 APPROVING THE PROJECT DEVELOPMENT AGREEMENT FOR A GUARANTEED ENERGY SAVINGS PROJECT BETWEEN THE CITY OF MICHIGAN CITY, INDIANA AND ENERGY SYSTEMS GROUP LLC WHEREAS, the City of Michigan City (City) is desirous of continuing to explore the feasibility and economies of implementing a project to produce savings from reduced energy costs and increased operating efficiencies; and WHEREAS, Energy Savings Systems LLC (ESG) has demonstrated that it has the capability and qualifications to perform the investigation and analysis of the benefits of various energy saving and operating efficiency improvements that the City may wish to construct and implement; and WHEREAS, the Michigan City Sanitary District (Sanitary District), on behalf of the City, after conducting the competitive procurement process required by IC 36-1- 12.5, selected ESG as the energy savings company that best met the City’s needs; and WHEREAS, ESG has substantially completed successfully performing a guaranteed energy savings contract for the Sanitary District; and WHEREAS, ESG and the Common Council’s attorney have negotiated a Project Development Agreement, a copy of which is attached hereto as Exhibit A, which sets forth the terms and condition under which ESG has agreed to perform the investigation and analysis of the benefits of various energy saving and operating efficiency improvements that the City may wish to construct and implement after receiving the results of that investigation and analysis; WHEREAS, the Council’s attorney has advised the Council that entering into the Agreement with ESG complies with all legal requirements. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Michigan City, Indiana as follows: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. Approves the Project Development Agreement with Energy Systems Group LLC attached hereto as Exhibit A on behalf of the City of Michigan City. 3. Authorizes the Council President, Mayor, and Clerk to sign the Agreement on behalf of the City. This Resolution shall be in full force and effect after passage and approval by the Mayor. INTRODUCED BY: /s/ Don Przybylinski , Member Passed by the Common Council of the City of Michigan City, Indiana, this 1st day of May, 2018. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski read the proposed resolution in its entirety; advising Mr. Dan Legler was present this evening for any questions the Council may have; commenting on Energy Systems Group, LLC and the services they provide; further commenting on the proposed Resolution and the steps that will be taken after approval; also commenting on the workshop that was help and the projects the city/council would like to implement; advising the committee is comprised of Attorney Meyer, Councilwoman Silvas and himself.6 President Przybylinski asked if there was anyone from the public who wished to comment on the proposed resolution; there was no response. Page 7 May 1, 2018 President Przybylinski asked if there were any Council comments on the proposed resolution. Councilwoman Boy advised there were two (2) changes that needed to be addressed/changed; explaining the corrections. Councilman Hamilton made a motion to approve the proposed resolution; second by Councilwoman Boy. Councilman Bietry commented on the workshop; cost to the city; utility analysis after 3 years that is not included in this agreement and there is a cost for that; solar programs in Michigan City/Michigan City Area Schools solar project; vetting process to include other companies. Attorney Meyer commented that under Title 36, Article 1, Chapter 12.5 of the Indiana Code – explaining the code to Councilmembers regarding participating in a “Guaranteed Energy Savings Project” process; and the involvement of the Michigan City Sanitary District in the vetting process; and this having no effect on the General Fund; further commenting on the energy savings process and agreement. Councilwoman Carnes commented on the workshop and the resolution, which is approving the project development agreement; commenting on the costs associated with the implementation of the project. Attorney Meyer explained this is a project development agreement; the company has done the preliminary leg work and generated the pamphlet that identified potential projects; commenting on the projects in the pamphlet; and the Council can request specifications for specific projects; further commenting on the process that would be taken with regards to those specific projects the Council wants done and then the Council can negotiate a contract for the project to include the purchase and installation of those improvements; further explaining the process. 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 Hamilton, Przybylinski, Silvas, Simmons, Stimley, Bietry, Boy, Dabney and Carnes (9). NAYS: None (0). ORDINANCE The Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE CUMULATIVE CHANNEL MAINTENANCE FUND FOR THE PURCHASE AND INSTALLATION OF LAKEFRONT SAFETY WARNING SIGNAGE & SECURITY CAMERAS TO BE UTILIZED IN MILLENIUM PLAZA AND ALSO ON THE CATWALK IN WASINGTON PARK Introduced by: Don Przybylinski Ron Hamilton (DECREASE Cumulative Channel Maintenance Fund # 4113 Unappropriated balance $200,000.00 INCREASE ACCOUNT #_4113.000.445.050 Capital Outlay-Machinery & Equipment Other $200,000.00) President Przybylinski asked if the authors had anything to add at this time. President Przybylinski commented on changing the language in the Channel Maintenance Fund ordinance, so that the funding can be utilized for other safety improvements at the lakefront; advising the ordinance was changed on March 20, 2018. Page 8 May 1, 2018 President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance. Randy Novak, Fire Chief, Michigan City Fire Department, addressed the Council regarding the additional appropriation funding for the security camera installation along the lakefront in Washington Park and Millenium Plaza; commenting on the time frame for the installation prior to the busy summer season; further commenting on placement of the cameras, safety signage, electrical work, the donation from Arcelor Mitel of $50,000.00 to the Fire Department to help with this project, which is in addition to the $13,000.00 they donated for all the “Life Rings” that have been placed along the pier. Discussion ensued between Councilwoman Carnes and Chief Novak regarding the signage. Fire Chief Novak advised he is the chairman of the committee, and the signage is going through the Park Board for their approval and locations have yet to be decided. Further discussion ensued between Councilwoman Carnes and Chief Novak regarding the costs associated with the purchase of the camera system and the cost of the signs. Chief Novak explained how the funding will be utilized that will include new conduit being ran down the catwalk for the camera locations; fiber optics that will also need to be ran down the catwalk; signage and other projects will be included; advising it is his understanding that these will be electronic signs and can be programed. Discussion continued between Councilwoman Carnes and Chief Novak who explained the Fire Department’s aspect of the project is the safety component, and the signage is the Park Department’s aspect as they have the authority at Washington Park; stating the signage has to be cleared through the Park Department Board; commenting on the project’s not to exceed amount of $200,000.00, and any left over funding goes back to the fund; the cameras being installed for security; if a risk assessment was done; how the safety rings work and how the cameras will be utilized to monitor them. Discussion ensued between Councilwoman Boy and Chief Novak regarding if they would have access to a wireless mode in the proposed area for cell phone usage and things at the park since they will be running fiber cable. Chief Novak stated he would bring Andy Matanic, I.T. Director to the next meeting or committee meeting so he can advise on this. Larry Silvestory, 314 Kenwood Place, Park Board Member, addressed the Council reference to the Park Board’s responsibility for the signage; further stating the Park Board has never approved any signage; commenting on pictures of signs that were presented; stating again the Park Board has never approved any digital sign. Fire Chief Novak commented on the 4x8 digital sign advertisement and cost that was presented, which was not what they had intended to go there; commenting that the Director of the Park has produced a rendering that keeps with the WPA structure design; further commenting that the $50,000.00 donation from Arcelor Mitel is for signage, which is up to the Park Department. President Przybylinski stated he would be referring this to the Parks and Recreation Committee, chaired by Councilman Dabney, to call a meeting for discussion of the proposed ordinance. President Przybylinski asked if there were any further Council comments on the proposed ordinance. Councilwoman Carnes asked Council Attorney Meyer if the City Council can appropriate funds from the Cumulative Channel Maintenance Fund without a Resolution from the Port Authority. Attorney Meyer advised he did not know; commenting on the matter. Page 9 May 1, 2018 Councilwoman Carnes commented on the Council’s duty to provide oversite on the appropriations. Attorney Meyer explained the Council’s duty with respect to the proposed additional appropriation. Councilwoman Carnes expressed her concerns regarding a Resolution from the Port Authority, which is for the installation of security cameras along the East Pier and lot 1 of Washington Park and does not say anything about signs, or Millenium Plaza. Discussion continued between Councilwoman Carnes and Attorney Meyer regarding the Port Authority’s Resolution verbiage with regards to the installation of the security cameras and signage; that the Port Authority can allocate how the money can be spent for this project; and the Mayor’s request for the project. Chief Novak clarified that they did start with the Port Authority on this; further commenting on the matter. President Przybylinski asked if there were any further Council comments on the proposed ordinance; there was no response; advising the proposed ordinance would be held over for second reading at the May 15, 2018 meeting. The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4479 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR EMERGENCY SNOW REMOVAL SERVICES 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 for emergency snow removal services; 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 $46,906.75 INCREASE ACCOUNT: 2042.000.439.090 Contractual Services $46,906.75 TOTAL FOR FUND $46,906.75 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/ Pat Boy, Member Michigan City Common Council Page 10 May 1, 2018 Passed by the Common Council of the City of Michigan City, Indiana, this 1st day of May, 2018 by a vote of 9 to 0. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski advised that a Formal Public Hearing was held on the proposed ordinance on April 17, 2018; asking if the author had anything she would like to add. Councilwoman Boy explained this is for snow removal services that were already performed and now need to be paid. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance; there was no response. President Przybylinski asked if there were any Council comments. 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 Przybylinski, Silvas, Simmons, Stimley, Bietry, Boy, Dabney, Carnes and Hamilton (9). NAYS: None (0). The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4480 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE CUMULATIVE CAPITAL DEVELOPMENT FUND TO PROVIDE FUNDING FOR CERTAIN EQUIPMENT FOR THE MICHIGAN CITY FIRE DEPARTMENT 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 for certain equipment for the Michigan City Fire Department; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Cumulative Capital Development Fund #4002 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 Cumulative Capital Development Fund #4002 Unappropriated balance $99,630.00 INCREASE ACCOUNT: 4002.201.445.050 Other Machinery and Equipment- Fire $99,630.00 TOTAL FOR FUND $ 99,630.00 Page 11 May 1, 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/ Ron Hamilton, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 1st day of May, 2018 by a vote of 9 to 0. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski advised that a Formal Public Hearing was held on the proposed ordinance on April 17, 2018; asking if the author had anything he would like to add. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance; there was no response. President Przybylinski asked if there were any Council comments. Councilman Hamilton made a motion to approve the proposed ordinance; second by Councilman Dabney. 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 Silvas, Simmons, Stimley, Bietry, Boy, Dabney, Carnes, Hamilton and Przybylinski (9). NAYS: None (0). UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. 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. Councilwoman Boy commented on the Sanitary District winning a $600,000.00 grant from the US EPA to test 57 possible contaminated sites in the city, which required no matching funding. Councilman Stimley “thanked” everyone in the public that participated in the Dog Park forum/workshop; commenting on the great ideas and input that were presented; further commenting that this is something he hopes the city will pursue and he will keep the public updated on the progress of the dog park. Page 12 May 1, 2018 President Przybylinski commented on the Dog Park workshop that Councilman Stimley held; expressing his appreciation to Councilman Stimley for holding it. Councilwoman Carnes reminded everyone that on Saturday, May 5, 2018 the Eastport Neighborhood Association will be hosting a Boulevard Clean up; if you are interested in joining they will meet at the Michigan City Police Department at 9:30 a.m.; they will be working on cleaning up the parkway along the Boulevard; and at 12:00 Noon they will be having a pot luck in the Police Department Community Room; if interested please either sign up on Facebook – Eastport Neighborhood Association or send her an email at scarnes@emichigancity.com. Councilman Bietry stated he attended the meeting on the Dog Park; asking if there were minutes from the workshop. City Clerk Neulieb explained minutes are not required for a public workshop. Discussion ensued between Clerk Neulieb and Councilman Stimley regarding whether the workshop was recorded. Councilman Stimley advised it was not recorded. Councilwoman Boy advised Saturday morning is the opening of the Farmer’s Market and the Tree Board, with help from N.I.P.S.Co., will be giving out free tree seedlings, so stop by and pick one up. President Przybylinski advised the Human Rights Commission will be holding their Awards Luncheon on May 18, 2018 at Memorial Park, tickets are $25.00; and he has tickets available for sale; commenting that it is a great event where they present the Humanitarian of the Year; further commenting on the event. President Przybylinski commented on cars parked illegally and damage that is done to city sidewalks and the amount of money the city spends to replace them; continuing to comment on the ordinance that was passed almost six (6) years ago, which also states cars cannot be parked in front yards; further commenting on Chicago and other cities, and not seeing cars parked on sidewalks or in yards in those communities; asking the City Administration/Code Enforcement to address this ongoing problem; also commenting on comments made on Facebook regarding this issue. President Przybylinski asked if there were any other comments from the Council; there was no response. ADJOURNMENT A motion by Councilman Hamilton, supported by Councilwoman Boy and there being no further business to transact, President Przybylinski declared the meeting ADJOURNED (approximately 8:13 p.m.) ______________________________ Gale A. Neulieb, City Clerk

Agenda

REGULAR MEETING – May 1, 2018 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, May 1, 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, Candice Silvas, Gene Simmons and Johnny Stimley (9). ABSENT: COUNCIL MEMBERS None (0). 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 April 17, 2018. Councilwoman Boy made a motion to approve the Regular meeting minutes held on April 17, 2018; second by Councilman Dabney. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilman Bietry presented the following Finance Committee meeting minutes: The Finance Committee was called to order this evening at 6:05 p.m. by Chairman Bietry to review claims filed since the April 17, 2018 meeting. Committee members Bietry, Przybylinski and Dabney were present as well as Council members Simmons and Carnes. Also in attendance were Controller Richard Murphy and Attorney Meyer. Claims reviewed totaled $18,280.66 from the Boyd Development Fund and $77,845.22 from the Riverboat Fund for a total of $96,125.88. There was some discussion about a $500 item that was not a payment, but a transfer to the Sanitary District for a permit fee. There was confusion about why the city has to pay itself for a permit fee. There was also an .18 cent oversight by the State Board of Accounts. However, the docket is correct as submitted. There were no further issues to discuss and Councilman Przybylinski moved to recommend approval of the docket, with a second by Councilman Dabney. The motion was approved unanimously. The meeting adjourned at 6:16 p.m. The summary of claims was as follows: From the Boyd Fund: $1,000.00 to the MC Chamber of Commerce for recognition in the 2018 Centennial Partnership Celebration $750.00 to Sam Hook Design for MC Farmer’s Market Logo Development $14,680.28 to SEH of Indiana LLC for BLOOM Annexation Fiscal Plan $1,850.38 to The Times of NW Indiana for ads, Search Boost, and Digital Connect From the Riverboat Fund: $260.00 to D&M Excavating for sinkhole/manhole repairs for Sanitary District $1,190.06 to Graybar Electric for materials and installation of fiber optics Page 2 May 1, 2018 $22,240.85 to Haas & Assoc. for 2018 Paving and Sidewalk repair program $6,257.00 to Tyler Technologies for New World ERP software installation $7,847.18 to Woodruff & Sons for City Hall pipe repair $39,550.31 to Butler Fairman & Seufert Inc. for runway extension and road lowering environmental/engineering and survey work for the municipal airport President Przybylinski advised he did have a report from the Labor Relations Committee, which held an Executive Session on April 18, 2018 at 8:30 a.m. to start discussions with the F.O.P. negotiating team for the Police Department; stating those in attendance were Councilmembers Przybylinski, Bietry, Hamilton, Controller Murphy, Assistant Controller Hoffmaster, City Attorney Lapaich and Council Attorney Meyers. 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 Laura Krupp, We Create Media, Project Manager for the Marketing Team, presented the Council with an update on the 2018 marketing campaign. (Note: a copy of the presentation is on file in the City Clerk’s Office) Councilman Bietry commented on the Finance Committee meetings and claims for they review for the 2018 Marketing campaign/ads; also commenting on the regional marketing/ads; and the return on investment. Councilman Dabney asked about links for the Park and Recreation Departments events, as well as links to the LaPorte County Convention and Visitors Bureau. Ms. Krupp advised they are working with the partners and do have links to the LCCVB. Councilman Stimley commented as a member of the Zoological Society and Mainstreet Association, they really appreciate the good work that has been done with advertising. Ms. Krupp commented on the Washington Park Zoo and it celebrating its 90th year. President Przybylinski commended on reaching out regionally with advertising Michigan City and the events taking place. CLAIM DOCKETS President Przybylinski stated the Claims for Fund #2042 – Riverboat is $77,845.22 and Fund #2031 – Boyd Development – $18,280.66. President Przybylinski asked if there were any comments and hearing none, a motion was made by Councilman Bietry, second by Councilwoman Boy and approved. Motion carried 9-0. Page 3 May 1, 2018 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 NO. ________________ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, APPROVING AN ORDER OF THE CITY OF MICHIGAN CITY PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION FOR THE COMMUNITY CENTER NO. 1 EXPANDED URBAN RENEWAL AREA ADOPTED BY THE MICHIGAN CITY REDEVELOPMENT COMMISSION WHEREAS, the Michigan City Redevelopment Commission (the "Commission"), the governing body of the City of Michigan City, Indiana, Department of Redevelopment exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time (the "Act"); and WHEREAS, on April 9, 2018, the Commission approved and adopted its Resolution No. 2-18, entitled "Resolution of the City of Michigan City, Indiana, Redevelopment Commission Designating and Declaring A Certain Area as a Redevelopment Area to Amend the Boundaries of the Community Center No. 1 Expanded Urban Renewal Area and its Allocation Area and to Amend the Development Plan for the Area" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution designated and declared a certain area within the City of Michigan City, Indiana (the "City"), to be a redevelopment area and an allocation area for the purposes of tax increment financing, more particularly described in Exhibit A to the Declaratory Resolution (collectively, the "Expansion Area"), to expand the existing Community Center No. 1 Expanded Urban Renewal Area (the "Area") and approved amending the development plan for the Area (the "Plan"); and WHEREAS, on April 24, 2018, the City of Michigan City Plan Commission (the "Plan Commission") met and adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining that the Declaratory Resolution and the Plan, as the same is amended by the Declaratory Resolution to include the Expansion Area, conform to the plan of development for the City and approved, ratified and confirmed the Declaratory Resolution, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment, as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order; NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, AS FOLLOWS: All of the stated “WHEREAS” clauses are incorporated herein by reference. The Plan Commission Order attached hereto is hereby approved, ratified and confirmed in all Page 4 May 1, 2018 respects. The determination that the Expansion Area constitutes a redevelopment area under the Act is hereby approved pursuant to Section 15 of the Act. This Resolution shall be in full force and effect from and after its passage by the Common Council and upon compliance with the procedures required by law. Adopted at a meeting of the Common Council of the City of Michigan City, Indiana, held on this _____ day of May, 2018. Introduced by: Sharon Carnes, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this ____ day of May, 2018. Donald Przybylinski, President Michigan City Common Council President Przybylinski asked if the author had anything to add at this time. Councilwoman Carnes explained this is an expansion of the North TIF district - east; further explaining this is an area in need of redevelopment and both the Redevelopment Commission and Plan Commission agreed; stating the Redevelopment Commission approved this on April 9, 2018 and the Plan Commission approved this on April 24, 2018, and that this is in the public interest to expand the North TIF; advising Mr. Craig Phillips and Mr. Randy Rampola are present this evening to answer any more detailed questions the Council might have. President Przybylinski asked if there was anyone from the public who wished to speak on the proposed resolution. Craig Phillips, City Planner, addressed the Council explaining the proposed Resolution is an expansion of the existing North TIF district; primarily the area that’s located between US Hwy 12 and Trail Creek, east of the Casino; further commenting on the use of TIF dollars within TIF Districts and the recent change in the law regarding spending those funds; the comprehensive plan; redevelopment along that corridor; explaining how TIF dollars works; reinvestment/redevelopment of those properties; tax abatements for this area; planned investments; the Waste Inc. property; Singing Sands Phase II project and how it is being funded; Friendship Gardens; presenting the Council with a color copy of the map with the projected area that includes approximately 60 parcels. Randy Rampola, Barnes and Thornberg, South Bend, IN, addressed the Council regarding the proposed resolution; commenting on the action of the Redevelopment Commission to adopt the Declaratory Resolution and the Plan Commission to approve the Declaratory Resolution, and the authority of the Council under the Redevelopment statute is to approve the action of the Plan Commission; the steps that will follow after the proposed resolution is approved by the Council; how TIF funding can be utilized; further commenting on the matter and the change in the law regarding this. Mr. Phillips addressed the Council further commenting on business investments in this area; TIF incentives; Riverboat dollars; tax abatements; investment incentives for new businesses; and the undeveloped properties in the proposed area. Page 5 May 1, 2018 President Przybylinski asked if there were any Council comments on the proposed resolution. Councilman Dabney asked how this would affect the General Fund. Discussion ensued between Mr. Rampola and Councilman Dabney regarding the tax impact statement that will be sent out if the Council approves the proposed resolution, which is being looked at now; further commenting on the matter; and that right now there is no impact on the General Fund as there is no assumption of increases in assessed value. Councilman Bietry commented on the proposed resolution and funding that will be generated by the TIF dollars for spending in that area for infrastructure improvements; also commenting on not approving the proposed resolution and how funding from the Riverboat Fund would be the only funding available then. Mr. Phillips commented on the proposed Casino expansion and the current TIF area along with how the TIF funding of that area will roll off. Mr. Rampola commented on the roll off; modifying the tax rate; the TIF area; overlapping tax units; the tax rate being capped; further commenting on the matter. Councilman Dabney commented on the expansion of the TIF district and where the dollars will be sent. Mr. Rampola commented on the incremental assessed value; the intent of the statue; and fostering development along that corridor. Councilman Stimley commented that he has heard the “pro’s” of a TIF District, but did not hear any of the “con’s” of a TIF District; expressing concerns with expanding the TID Districts; employee raises; employee benefits/better insurance; the money being locked into the TIF District; appreciative of the presentation on the twenty (20) year freeze that will be put with the tax dollars; stating he would like to see this TABLED and a workshop held. Councilman Stimley made the motion to TABLE the proposed resolution until the next Council meeting and have a workshop; 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 resolution was TABLED by the following vote: AYES: Council Members Hamilton, Przybylinski, Silvas, Stimley and Dabney (5). NAYS: Carnes, Simmons, Bietry and Boy (4). President Przybylinski stated the proposed resolution has been TABLED until the next Council meeting on May 15, 2018; and the Planning & Zoning Committee, chaired by Councilwoman Carnes, will call a meeting to discuss the matter. The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION 4709 Page 6 May 1, 2018 APPROVING THE PROJECT DEVELOPMENT AGREEMENT FOR A GUARANTEED ENERGY SAVINGS PROJECT BETWEEN THE CITY OF MICHIGAN CITY, INDIANA AND ENERGY SYSTEMS GROUP LLC WHEREAS, the City of Michigan City (City) is desirous of continuing to explore the feasibility and economies of implementing a project to produce savings from reduced energy costs and increased operating efficiencies; and WHEREAS, Energy Savings Systems LLC (ESG) has demonstrated that it has the capability and qualifications to perform the investigation and analysis of the benefits of various energy saving and operating efficiency improvements that the City may wish to construct and implement; and WHEREAS, the Michigan City Sanitary District (Sanitary District), on behalf of the City, after conducting the competitive procurement process required by IC 36-1- 12.5, selected ESG as the energy savings company that best met the City’s needs; and WHEREAS, ESG has substantially completed successfully performing a guaranteed energy savings contract for the Sanitary District; and WHEREAS, ESG and the Common Council’s attorney have negotiated a Project Development Agreement, a copy of which is attached hereto as Exhibit A, which sets forth the terms and condition under which ESG has agreed to perform the investigation and analysis of the benefits of various energy saving and operating efficiency improvements that the City may wish to construct and implement after receiving the results of that investigation and analysis; WHEREAS, the Council’s attorney has advised the Council that entering into the Agreement with ESG complies with all legal requirements. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Michigan City, Indiana as follows: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. Approves the Project Development Agreement with Energy Systems Group LLC attached hereto as Exhibit A on behalf of the City of Michigan City. 3. Authorizes the Council President, Mayor, and Clerk to sign the Agreement on behalf of the City. This Resolution shall be in full force and effect after passage and approval by the Mayor. INTRODUCED BY: /s/ Don Przybylinski , Member Passed by the Common Council of the City of Michigan City, Indiana, this 1st day of May, 2018. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski read the proposed resolution in its entirety; advising Mr. Dan Legler was present this evening for any questions the Council may have; commenting on Energy Systems Group, LLC and the services they provide; further commenting on the proposed Resolution and the steps that will be taken after approval; also commenting on the workshop that was help and the projects the city/council would like to implement; advising the committee is comprised of Attorney Meyer, Councilwoman Silvas and himself.6 President Przybylinski asked if there was anyone from the public who wished to comment on the proposed resolution; there was no response. Page 7 May 1, 2018 President Przybylinski asked if there were any Council comments on the proposed resolution. Councilwoman Boy advised there were two (2) changes that needed to be addressed/changed; explaining the corrections. Councilman Hamilton made a motion to approve the proposed resolution; second by Councilwoman Boy. Councilman Bietry commented on the workshop; cost to the city; utility analysis after 3 years that is not included in this agreement and there is a cost for that; solar programs in Michigan City/Michigan City Area Schools solar project; vetting process to include other companies. Attorney Meyer commented that under Title 36, Article 1, Chapter 12.5 of the Indiana Code – explaining the code to Councilmembers regarding participating in a “Guaranteed Energy Savings Project” process; and the involvement of the Michigan City Sanitary District in the vetting process; and this having no effect on the General Fund; further commenting on the energy savings process and agreement. Councilwoman Carnes commented on the workshop and the resolution, which is approving the project development agreement; commenting on the costs associated with the implementation of the project. Attorney Meyer explained this is a project development agreement; the company has done the preliminary leg work and generated the pamphlet that identified potential projects; commenting on the projects in the pamphlet; and the Council can request specifications for specific projects; further commenting on the process that would be taken with regards to those specific projects the Council wants done and then the Council can negotiate a contract for the project to include the purchase and installation of those improvements; further explaining the process. 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 Hamilton, Przybylinski, Silvas, Simmons, Stimley, Bietry, Boy, Dabney and Carnes (9). NAYS: None (0). ORDINANCE The Clerk read the following proposed ordinance on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE CUMULATIVE CHANNEL MAINTENANCE FUND FOR THE PURCHASE AND INSTALLATION OF LAKEFRONT SAFETY WARNING SIGNAGE & SECURITY CAMERAS TO BE UTILIZED IN MILLENIUM PLAZA AND ALSO ON THE CATWALK IN WASINGTON PARK Introduced by: Don Przybylinski Ron Hamilton (DECREASE Cumulative Channel Maintenance Fund # 4113 Unappropriated balance $200,000.00 INCREASE ACCOUNT #_4113.000.445.050 Capital Outlay-Machinery & Equipment Other $200,000.00) President Przybylinski asked if the authors had anything to add at this time. President Przybylinski commented on changing the language in the Channel Maintenance Fund ordinance, so that the funding can be utilized for other safety improvements at the lakefront; advising the ordinance was changed on March 20, 2018. Page 8 May 1, 2018 President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance. Randy Novak, Fire Chief, Michigan City Fire Department, addressed the Council regarding the additional appropriation funding for the security camera installation along the lakefront in Washington Park and Millenium Plaza; commenting on the time frame for the installation prior to the busy summer season; further commenting on placement of the cameras, safety signage, electrical work, the donation from Arcelor Mitel of $50,000.00 to the Fire Department to help with this project, which is in addition to the $13,000.00 they donated for all the “Life Rings” that have been placed along the pier. Discussion ensued between Councilwoman Carnes and Chief Novak regarding the signage. Fire Chief Novak advised he is the chairman of the committee, and the signage is going through the Park Board for their approval and locations have yet to be decided. Further discussion ensued between Councilwoman Carnes and Chief Novak regarding the costs associated with the purchase of the camera system and the cost of the signs. Chief Novak explained how the funding will be utilized that will include new conduit being ran down the catwalk for the camera locations; fiber optics that will also need to be ran down the catwalk; signage and other projects will be included; advising it is his understanding that these will be electronic signs and can be programed. Discussion continued between Councilwoman Carnes and Chief Novak who explained the Fire Department’s aspect of the project is the safety component, and the signage is the Park Department’s aspect as they have the authority at Washington Park; stating the signage has to be cleared through the Park Department Board; commenting on the project’s not to exceed amount of $200,000.00, and any left over funding goes back to the fund; the cameras being installed for security; if a risk assessment was done; how the safety rings work and how the cameras will be utilized to monitor them. Discussion ensued between Councilwoman Boy and Chief Novak regarding if they would have access to a wireless mode in the proposed area for cell phone usage and things at the park since they will be running fiber cable. Chief Novak stated he would bring Andy Matanic, I.T. Director to the next meeting or committee meeting so he can advise on this. Larry Silvestory, 314 Kenwood Place, Park Board Member, addressed the Council reference to the Park Board’s responsibility for the signage; further stating the Park Board has never approved any signage; commenting on pictures of signs that were presented; stating again the Park Board has never approved any digital sign. Fire Chief Novak commented on the 4x8 digital sign advertisement and cost that was presented, which was not what they had intended to go there; commenting that the Director of the Park has produced a rendering that keeps with the WPA structure design; further commenting that the $50,000.00 donation from Arcelor Mitel is for signage, which is up to the Park Department. President Przybylinski stated he would be referring this to the Parks and Recreation Committee, chaired by Councilman Dabney, to call a meeting for discussion of the proposed ordinance. President Przybylinski asked if there were any further Council comments on the proposed ordinance. Councilwoman Carnes asked Council Attorney Meyer if the City Council can appropriate funds from the Cumulative Channel Maintenance Fund without a Resolution from the Port Authority. Attorney Meyer advised he did not know; commenting on the matter. Page 9 May 1, 2018 Councilwoman Carnes commented on the Council’s duty to provide oversite on the appropriations. Attorney Meyer explained the Council’s duty with respect to the proposed additional appropriation. Councilwoman Carnes expressed her concerns regarding a Resolution from the Port Authority, which is for the installation of security cameras along the East Pier and lot 1 of Washington Park and does not say anything about signs, or Millenium Plaza. Discussion continued between Councilwoman Carnes and Attorney Meyer regarding the Port Authority’s Resolution verbiage with regards to the installation of the security cameras and signage; that the Port Authority can allocate how the money can be spent for this project; and the Mayor’s request for the project. Chief Novak clarified that they did start with the Port Authority on this; further commenting on the matter. President Przybylinski asked if there were any further Council comments on the proposed ordinance; there was no response; advising the proposed ordinance would be held over for second reading at the May 15, 2018 meeting. The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4479 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR EMERGENCY SNOW REMOVAL SERVICES 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 for emergency snow removal services; 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 $46,906.75 INCREASE ACCOUNT: 2042.000.439.090 Contractual Services $46,906.75 TOTAL FOR FUND $46,906.75 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/ Pat Boy, Member Michigan City Common Council Page 10 May 1, 2018 Passed by the Common Council of the City of Michigan City, Indiana, this 1st day of May, 2018 by a vote of 9 to 0. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski advised that a Formal Public Hearing was held on the proposed ordinance on April 17, 2018; asking if the author had anything she would like to add. Councilwoman Boy explained this is for snow removal services that were already performed and now need to be paid. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance; there was no response. President Przybylinski asked if there were any Council comments. 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 Przybylinski, Silvas, Simmons, Stimley, Bietry, Boy, Dabney, Carnes and Hamilton (9). NAYS: None (0). The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4480 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE CUMULATIVE CAPITAL DEVELOPMENT FUND TO PROVIDE FUNDING FOR CERTAIN EQUIPMENT FOR THE MICHIGAN CITY FIRE DEPARTMENT 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 for certain equipment for the Michigan City Fire Department; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Cumulative Capital Development Fund #4002 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 Cumulative Capital Development Fund #4002 Unappropriated balance $99,630.00 INCREASE ACCOUNT: 4002.201.445.050 Other Machinery and Equipment- Fire $99,630.00 TOTAL FOR FUND $ 99,630.00 Page 11 May 1, 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/ Ron Hamilton, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 1st day of May, 2018 by a vote of 9 to 0. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski advised that a Formal Public Hearing was held on the proposed ordinance on April 17, 2018; asking if the author had anything he would like to add. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance; there was no response. President Przybylinski asked if there were any Council comments. Councilman Hamilton made a motion to approve the proposed ordinance; second by Councilman Dabney. 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 Silvas, Simmons, Stimley, Bietry, Boy, Dabney, Carnes, Hamilton and Przybylinski (9). NAYS: None (0). UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. 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. Councilwoman Boy commented on the Sanitary District winning a $600,000.00 grant from the US EPA to test 57 possible contaminated sites in the city, which required no matching funding. Councilman Stimley “thanked” everyone in the public that participated in the Dog Park forum/workshop; commenting on the great ideas and input that were presented; further commenting that this is something he hopes the city will pursue and he will keep the public updated on the progress of the dog park. Page 12 May 1, 2018 President Przybylinski commented on the Dog Park workshop that Councilman Stimley held; expressing his appreciation to Councilman Stimley for holding it. Councilwoman Carnes reminded everyone that on Saturday, May 5, 2018 the Eastport Neighborhood Association will be hosting a Boulevard Clean up; if you are interested in joining they will meet at the Michigan City Police Department at 9:30 a.m.; they will be working on cleaning up the parkway along the Boulevard; and at 12:00 Noon they will be having a pot luck in the Police Department Community Room; if interested please either sign up on Facebook – Eastport Neighborhood Association or send her an email at scarnes@emichigancity.com. Councilman Bietry stated he attended the meeting on the Dog Park; asking if there were minutes from the workshop. City Clerk Neulieb explained minutes are not required for a public workshop. Discussion ensued between Clerk Neulieb and Councilman Stimley regarding whether the workshop was recorded. Councilman Stimley advised it was not recorded. Councilwoman Boy advised Saturday morning is the opening of the Farmer’s Market and the Tree Board, with help from N.I.P.S.Co., will be giving out free tree seedlings, so stop by and pick one up. President Przybylinski advised the Human Rights Commission will be holding their Awards Luncheon on May 18, 2018 at Memorial Park, tickets are $25.00; and he has tickets available for sale; commenting that it is a great event where they present the Humanitarian of the Year; further commenting on the event. President Przybylinski commented on cars parked illegally and damage that is done to city sidewalks and the amount of money the city spends to replace them; continuing to comment on the ordinance that was passed almost six (6) years ago, which also states cars cannot be parked in front yards; further commenting on Chicago and other cities, and not seeing cars parked on sidewalks or in yards in those communities; asking the City Administration/Code Enforcement to address this ongoing problem; also commenting on comments made on Facebook regarding this issue. President Przybylinski asked if there were any other comments from the Council; there was no response. ADJOURNMENT A motion by Councilman Hamilton, supported by Councilwoman Boy and there being no further business to transact, President Przybylinski declared the meeting ADJOURNED (approximately 8:13 p.m.) ______________________________ Gale A. Neulieb, City Clerk

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