City Council

REGULAR MEETING – December 4, 2018 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, December 4, 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, Sharon Carnes, Bryant Dabney, Ron Hamilton, Don Przybylinski, Candice Silvas, Gene Simmons and Johnny Stimley (8). ABSENT: COUNCIL MEMBERS None (0). A QUORUM WAS NOTED PRESENT ALSO PRESENT: Jim Meyer – Council Attorney, 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 November 20, 2018. Councilman Hamilton made a motion to approve the Regular meeting minutes held on November 20, 2018; second by Councilman Dabney. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Chairman Bietry presented the following Finance Committee meeting minutes: The Finance Committee was called to order this evening at 6:03 p.m. by Chairman Bietry to review claims filed since the November 20, 2018 meeting. Committee members Bietry, Dabney and Przybylinski were present as well as Council Members Carnes, Simmons and Stimley. Also, in attendance was City Controller Rich Murphy and Attorney James Meyer. Claims reviewed totaled $127,440.63 from the Riverboat Fund. There were no claims from the Boyd Development Fund. There were no outstanding issues to discuss. Councilman Przybylinski moved to recommend approval of the docket, with a second by Councilman Dabney. The motion was approved unanimously. The meeting was adjourned at 6:04 p.m. The summary of claims is as follows: From the Riverboat Fund: $114,654.70 to Larson-Danielson Construction for the MC Zoo restoration project. $2,500.00 to Tyler Technologies for New World ERP software/installation for Oct. 2018. $10,285.93 to Wayne HVAC for replacement of MCFD HVAC unit at headquarters. President Przybylinski asked if there were any other Standing Committee Reports; there was no response. Page 2 December 4, 2018 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 Craig Phillips, City Planner, addressed the Council informing them that this afternoon he submitted a Memo from President, Don Babcock, on behalf of the Michigan City Redevelopment Commission, as a follow up to the conversation before about the Expansion of the North TIF East Expansion; stating after the Council has had the opportunity to read the Memo, he would be happy to answer any questions the Council may have, perhaps at the next Council meeting, as there is a lot of information contained in it. President Przybylinski asked Mr. Phillips to attend the next Council meeting to follow up on the matter; or if Council members have any questions during the week they can call Mr. Phillips. 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 #2031 – Boyd Development – there were no claims and Fund #2042 –Riverboat is $127,440.63. President Przybylinski asked if there were any comments and hearing none, a motion was made by Councilman Dabney, second by Councilman Bietry and approved. Motion carried 8-0. PETITIONS There were no petitions received. COMMUNICATIONS City Clerk, Gale Neulieb, advised a correspondence was received in the Clerk’s Office on November 27, 2018 from Chief Mark Swistek, Michigan City Police Department. RESOLUTIONS The Clerk read the following proposed resolution by title only, RESOLUTION NO. 4734 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA HONORING COUNCILPERSON PAT BOY WHEREAS, it is the stated Mission of the City of Michigan City to unite with every citizen and work towards the shared goal of providing efficient, quality public service": and WHEREAS, Councilperson Pat Boy has served as a Member of the Michigan City Common Council for the past 15 years, and as a Vice President of the Common Council; and Page 3 December 4, 2018 WHEREAS, Councilperson Pat Boy has always performed her duties with the utmost dedication, caring little about personal recognition, but caring a great deal about what was best for our City and its Citizens: protecting the rights of individuals, and keeping the Council actions fair and in proper Parliamentary order; and WHEREAS, Councilperson Pat Boy has conducted herself with professionalism and dedication to the City; and WHEREAS, Councilperson Pat Boy showed respect for fellow City Council Members and others for their views and opinions, not always agreeing, but never being disagreeable, always listening, and continually seeking harmony and cooperation by working together for the best interest of the City; and WHEREAS, we wish to thank Councilperson Pat Boy for her service and dedication as a Member of the City Council who will be missed by all. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City that the City hereby recognizes, commends, and thanks Councilperson Pat Boy for her dedicated service to the Community and the City Council. Introduced by: /s/ Sharon Carnes, Member /s/ Candice Silvas, Member /s/ Tim Bietry, Member /s/ Ron Hamilton, Jr., Member /s/ Gene Simmons, Member /s/ Johnny Stimley, Member /s/ Bryant Dabney, Member /s/ Don Przybylinski, Member Passed by the Common Council of the City of Michigan City, Indiana this 4th day of December 2018. /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski asked if the authors had anything to add at this time. Councilwoman Carnes read the Resolution in its entirety. 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 on the proposed Resolution. Councilwoman Carnes made the motion to approve the proposed Resolution; second by Councilman Bietry. 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 Silvas, Simmons, Stimley, Bietry, Dabney, Carnes, Hamilton, and Przybylinski (8). NAYS: None (0). President Przybylinski thanked Councilwoman Carnes for taking the time to put together the resolution; stating he has contacted State Representative Pat Boy regarding the resolution; further commenting on the matter. Page 4 December 4, 2018 The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO: 4735 ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO CERTAIN REAL ESTATE (approximately 426 acres) SITUATED BETWEEN MENKE ROAD, INTERSTATE I-94 AND US HIGHWAY 20, LAPORTE COUNTY, INDIANA, A PROPOSED ANNEXATION AREA. WHEREAS, the City of Michigan City, Indiana, desires to annex certain real estate (approximately 426 acres) situated between MENKE ROAD, INTERSTATE I-94 and US HIGHWAY 20, LaPorte County, Indiana, and more specifically described in a proposed Ordinance entitled “An Ordinance of the Common Council of the City of Michigan City, Indiana Annexing Real Estate Situated between Menke Road, Interstate I-94 and US Highway 20, LaPorte County, Indiana and Declaring Same to Be a Part of the City of Michigan City, Indiana”; and WHEREAS, this annexation shall also include all contiguous areas of all highways and rights of ways as required by Indiana Code 36-4-3-2.5 and shall be included in the 6th Council- manic ward and shall retain the current zoning classifications as found in the LaPorte County Zoning Ordinance. WHEREAS, responsible planning and state law require adoption of a fiscal plan and definite policy for the provision of services to annexed areas; and WHEREAS, such a plan and policy have been developed and presented to the Common Council, entitled “Fiscal Plan” which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, as follows: 1) The Common Council of the City of Michigan City, County of LaPorte, Indiana, hereby approves and adopts the Fiscal Plan, attached hereto as Exhibit A, which plan is attached hereto and made a part thereof, and hereby approves and adopts the specific policies for the implementation of the Plan as set out therein. 2) Any monies necessary for the provision of services as described and itemized in the attached Plan shall be budgeted and appropriated from the applicable fund, pursuant to State Law and the City’s budget procedure. 3) The services of a non-capital nature described in the Fiscal Plan are equivalent in standard and scope to such non-capital services provided to areas within the corporate boundaries of the City of Michigan City that have similar topographies, patterns of land use, and population density. Services of a capital improvement nature that are described in the Fiscal Plan will be provided to the annexed territory within three (3) years after the effective date of this annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of Michigan City that have similar topography, patterns of land use, and population density, and in a manner consistent with federal, state and local laws, procedures and planning criteria. 4) This Resolution shall become effective as of the date of passage of the proposed Ordinance entitled “An Ordinance of the Common Council of the City of Michigan City, Indiana ANNEXING REAL ESTATE (approximately 426 acres) SITUATED BETWEEN MENKE ROAD, INTERSTATE I-94 AND US HIGHWAY 20, LAPORTE COUNTY, INDIANA, and DECLARING SAME TO BE PART OF THE CITY OF MICHIGAN CITY, INDIANA”. This annexation shall be included in the 6th councilmanic ward and shall retain the current zoning classification as found in the Laporte County Zoning Ordinance as specifically described in the proposed Ordinance. This Resolution shall be in full force and effect after passage and approval by the Mayor. Introduced by: /s/ Gene Simmons, Member Michigan City Common Council /s/ Tim Bietry, Member Michigan City Common Council Page 5 December 4, 2018 Adopted by the Common Council of the City of Michigan City, Indiana by a vote of 8 - 0 th this 4 day of December, 2018. /s/ Donald Przybylinski, President Michigan City Common Council President Przybylinski asked if the authors had anything to add at this time. Councilman Bietry stated this resolution is a necessary resolution; explaining whenever there is an friendly annexation, the City is responsible for providing services to those new lands that will be annexed into City property, and this sets down the provisions for that; there is also a complicated legal relationships between the lands being annexed in the City, and this sets those forward; stating the City has three (3) years to provide services to those properties; and it is just a necessary step in the process; hoping his fellow Council members would support it. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed Resolution. Attorney James Meyer advised the Council that the author of the report is present this evening; introducing Dan Botich, who would be happy to answer any questions. Mr. Dan Botich, SEH of Indiana, addressed the Council regarding the written fiscal plan; stating this is required by State Statute, and is a resource that is made available in advance of an annexation to ensure that the fiscal body, the Council as the legislative body and fiscal body, understand the fiscal impacts of potentially annexing property into the City’s corporation and within that jurisdiction; advising they have done that from the perspective of looking at services to be provided within one (1) year and services to be provided within three (3) years, both recurring expenses and revenues, as well as non- recurring expenses and revenues, and they have extended that even to five (5) years; continuing to comment on the annexation area and the fiscal plan; thanking the EDCMC, City Departments, Mayor Meer and Attorney Meyer for their help with this project, as well as Attorney Barry McDonnell and the property owners. President Przybylinski asked if there were any questions or comments; there was no response. 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 comments by Council members; there was no response. Councilman Bietry made the motion to approve the proposed Resolution; 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 resolution was adopted by the following vote: AYES: Council Members Simmons, Stimley, Bietry, Dabney, Carnes, Hamilton, Przybylinski and Silvas (8). NAYS: None (0). Page 6 December 4, 2018 The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4736 INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE AVIATION DEPARTMENT IN THE GENERAL FUND #2006 FOR THE YEAR 2018, IN MICHIGAN CITY, INDIANA WHEREAS, there exists certain circumstances within the budget of the Aviation Department of the General Fund #2006 of Michigan City which require increasing and decreasing appropriations for certain line items in that Fund for the year 2018. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, La Porte County, Indiana, that: Section 1. Because it is deemed advisable and necessary, in order to meet the circumstances facing the 2018 Budget of the Aviation Department in the General Fund of the City, the Common Council approves the following transfer of appropriations, as listed, to-wit: AVIATION DEPARTMENT OF GENERAL FUND #2006 DECREASE: A/C #2006.000.439.090 $1,021.00 Contractual Services INCREASE: A/C #2006.000.411.013 $1,021.00 Salaries 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/ Donald Przybylinski, President Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 4th day of December, 2018. /s/ Donald Przybylinski, President Michigan City Common Council President Przybylinski explained the reason for the transfer. 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 comments by Council members; there was no response. Councilman Hamilton made the motion to approve the proposed Resolution; 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 resolution was adopted by the following vote: AYES: Council Members Stimley, Bietry, Dabney, Carnes, Hamilton, Przybylinski, Silvas and Simmons (8). NAYS: None (0). Page 7 December 4, 2018 ORDINANCE The Clerk read the following proposed ordinance on second reading by title only, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AMENDING THE TEXT OF THE MICHIGAN CITY COMPREHENSIVE ZONING ORDINANCE NO. 4120 Introduced by: Sharon Carnes President Przybylinski asked if there were any comments from the author. Councilwoman Carnes advised there were numerous amendments proposed to this ordinance by the Planning Department; and at this point those amendments would be available on the City web site – emichigancity.com – under the Planning and Redevelopment tab tomorrow morning; and at this time, she would like to table this ordinance until the Council’s next meeting. Councilwoman Carnes made the motion to Table the proposed ordinance; second by Councilman Bietry. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed ordinance was TABLED until the next Council meeting by the following vote: AYES: Council Members Bietry, Dabney, Carnes, Hamilton, Przybylinski, Silvas, Simmons and Stimley (8). NAYS: None (0). President Przybylinski addressed Councilwoman Carnes regarding setting up a Council workshop for the Planning Committee. Councilwoman Carnes stated she would. President Przybylinski commented on members of the public being present this evening, and City Planner, Craig Phillips, just presenting the Council with a stack of new proposed amendments to the proposed ordinance; further commenting on the information being available through Mr. Phillips and the Planning Department. President Przybylinski stated the proposed ordinance has been Tabled by Councilwoman Carnes; second by Councilman Bietry; advising the proposed ordinance will be Tabled on second reading until the December 18, 2018 Council meeting. The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4497 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE LOCAL MATCH FOR THE LAKE MICHIGAN COASTAL GRANT FOR THE PARK DEPARTMENT FOR THE SHERIDAN BEACH PUBLIC ACCESS AND EROSION CONTROL PROJECT 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 in the budget of the Riverboat Fund for the local match for the Lake Michigan Coastal Grant for the Park Department for the Sheridan Beach Public Access and Erosion Control Project; 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, LaPorte County, Indiana, that for the expenses of the City the following additional sums of money are hereby appropriated out of the funds named and for the purpose Page 8 December 4, 2018 specified, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE Fund #2042 Riverboat Unappropriated balance $44,500.00 INCREASE Account #2042.502.444.050 $44,500.00 Cap Outlay-Imp Other than Bldg Other TOTAL FOR FUND $44,500.00 This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Bryant Dabney, Member Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 4th day of December, 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 at this time; there was no response. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed ordinance; there was no response; advising there was a Formal Public Hearing on the proposed ordinance at the Council’s November 20, 2018 meeting. President Przybylinski asked if there were any comments by Council members; there was no response. Councilman Hamilton made the 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 Dabney, Carnes, Hamilton, Przybylinski, Silvas, Simmons, Stimley and Bietry (8). NAYS: None (0). The Clerk read the following proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO: 4498 ANNEXING REAL ESTATE (approximately 426 acres) SITUATED BETWEEN MENKE ROAD, INTERSTATE I-94 AND US HIGHWAY 20, LAPORTE COUNTY, INDIANA, AND DECLARING SAME TO BE PART OF THE CITY OF MICHIGAN CITY, INDIANA WHEREAS, on the 7th day of November, 2018 OEHMSTEAD COMPANY, LLC; GREEN ACRES, LLC AND PIONEER LUMBER, INC.; MHP 1, LLC; CEMETERY REGENTS OF THE CITY OF MICHIGAN CITY, INDIANA a/k/a Board of Cemetery Trustees of the City of Michigan City, Indiana; AND ILLINOIS INDIANA Page 9 December 4, 2018 DEVELOPMENT COMPANY, LLC, filed their Voluntary Petition for Annexation with the COMMON COUNCIL OF THE CITY OF MICHIGAN CITY pursuant to Indiana Code 36-4-3- 5.1; and WHEREAS, the Common Council of the City of Michigan City, Indiana has determined it to be in the best interests of the City of Michigan City to annex the real estate owned by OEHMSTEAD COMPANY, LLC; GREEN ACRES, LLC AND PIONEER LUMBER, INC.; MHP 1, LLC; CEMETERY REGENTS OF THE CITY OF MICHIGAN CITY, INDIANA a/k/a Board of Cemetery Trustees of the City of Michigan City, Indiana; AND ILLINOIS INDIANA DEVELOPMENT COMPANY, LLC (approximately 426 acres) situated between MENKE ROAD, INTERSTATE I-94 AND US HIGHWAY 20, LAPORTE COUNTY, INDIANA into the corporate limits of the City of Michigan City, Indiana (hereinafter referred to as “City”); and WHEREAS, this annexation shall also include the contiguous areas of public highways and their rights of way as required by Indiana Code 36-4-3-2.5; shall be included in the 6th Councilmanic ward; and shall retain the current zoning classification as found in the LaPorte County Zoning Ordinance; and WHEREAS, said real estate, as described more fully herein, is contiguous (as defined in Indiana Code 36-4-3-1.5) to the boundary of the City; and WHEREAS, upon notice having been duly published, a public hearing was held on the petition before the Common Council of the City of Michigan City, Indiana on the 20th day of November, 2018; and WHEREAS, on the 4th day of December, 2018, the Common Council of Michigan City passed Resolution No. 4735, which was subsequently approved by the Mayor on the 5th day of December, 2018, adopting a written fiscal plan and establishing a policy for the provision of services to the area proposed to be annexed. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, THAT: Section 1: The foregoing recitals are incorporated herein by reference. Section 2: The following described real estate contiguous to Michigan City, Indiana is hereby annexed into and declared to be a part of the City of Michigan City, Indiana; to-wit: (See Legal Description Attached hereto as Exhibit “A”) Section 3: The annexed real estate shall include all contiguous areas of the public highways and their rights of way as required by Indiana Code 36-4-3-2.5; shall be included in the 6th councilmanic ward; and shall retain the current zoning classification as found in the LaPorte County Zoning Ordinance but shall henceforth be governed by the Comprehensive Zoning Ordinance of the City of Michigan City, known as Ordinance No. 2114, together with all amendments and supplements thereto. Section 4: That this Ordinance, after its passage and approval by the Mayor of Michigan City, Indiana, shall be published once each week for two consecutive weeks in the Michigan City News-Dispatch, a daily newspaper of general circulation, and shall become effective after the final publication thereof, in the absence of an appeal, as provided at IC. 36-4-3- 5.1 and I.C. 36-4-3-15.5. Passed by the Common Council of Michigan City, Indiana, the 4th day of December, 2018, by a vote of 8 Ayes and 0 Nays. Introduced by: /s/ Gene Simmons, Member Michigan City Common Council /s/ Tim Bietry, Member Page 10 December 4, 2018 Michigan City Common Council th Adopted this 4 day of December, 2018. /s/ Donald Pryzbylinski, President Michigan City Common Council EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER AND SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 4 WEST, THE NORTHWEST QUARTER, NORTHEAST QUARTER AND SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 4 WEST, THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 WEST, AND THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 WEST, OF THE 2ND PRINCIPAL MERIDIAN, IN LAPORTE COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2, FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 28 MINUTES 32 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 177.47 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN RECORD DEED NO. 72-5897; THENCE SOUTH 00 DEGREES 31 MINUTES 28 SECONDS WEST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 200.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 89 DEGREES 28 MINUTES 32 SECONDS EAST ALONG THE SOUTH LINE OF SAID PARCEL AND PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 318.59 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 00 DEGREES 31 MINUTES 28 SECONDS EAST ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ALSO BEING THE NORTH LINE OF SAID SECTION 2; THENCE SOUTH 89 DEGREES 28 MINUTES 32 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 400.00 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN RECORD DOCUMENT NO. 2009R-00690; THENCE SOUTH 00 DEGREES 31 MINUTES 28 SECONDS WEST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 228.00 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PARCEL NO. 3 IN RECORD DEED NO. 2017R-11906; THENCE SOUTH 89 DEGREES 28 MINUTES 32 SECONDS EAST ALONG THE NORTHERN MOST NORTH LINE OF SAID PARCEL 3 ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 423.36 FEET TO THE EAST LINE OF SAID PARCEL 3 ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 00 DEGREES 35 MINUTES 52 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 353.09 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 32 SECONDS EAST ALONG THE SOUTHERN MOST NORTH LINE OF SAID PARCEL 3 ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 658.22 FEET TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN RECORD DEED 90-12918; THENCE NORTH 00 DEGREES 14 MINUTES 55 SECONDS EAST ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 581.10 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 28 MINUTES 31 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 665.03 FEET TO THE NORTHEAST CORNER OF SAID SECTION 2, ALSO BEING THE NORTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 89 DEGREES 22 MINUTES 40 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 1, A DISTANCE OF 2194.61 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE FOR THE NORFOLK SOUTHERN RAILROAD; THENCE SOUTH 58 DEGREES 25 MINUTES 09 SECONDS EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2134.13 FEET TO A POINT ON THE NORTH LINE OF TRACT OF LAND DESCRIBED AS TRACT NO. 8 IN DEED NO. 97-10901; THENCE NORTH 58 DEGREES 32 MINUTES 29 SECONDS EAST, LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, ALONG THE NORTH LINE OF SAID TRACT NO. 8, A DISTANCE OF 616.87 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID TRACT NO. 8, A DISTANCE OF 750.00 FEET TO THE EAST LINE OF SAID SECTION 1; THENCE SOUTH 00 DEGREES 09 MINUTES 26 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 1878.33 FEET, MORE OR LESS, TO THE EAST QUARTER CORNER SAID SECTION 1 ALSO BEING THE SOUTHEAST CORNER OF TRACT NO. 8 AS DESCRIBED IN DEED NO. 97-10901; THENCE NORTH 89 DEGREES 16 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1 ALSO BEING THE SOUTH LINE OF SAID TRACT Page 11 December 4, 2018 NO. 8, A DISTANCE OF 3720.77 FEET TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN DEED NO. 97-10901; THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 277.50 FEET, MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 16 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 277.50 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID PARCEL ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 1; THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 373.53 FEET, MORE OR LESS TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1; THENCE NORTH 89 DEGREES 24 MINUTES 17 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1326.69 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 1, ALSO BEING THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 2; THENCE SOUTH 00 DEGREES 25 MINUTES 08 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 81.94 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED PARCEL III IN DEED NO. 99-09884; THENCE NORTH 89 DEGREES 15 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID PARCEL III, A DISTANCE OF 520.00 FEET; THENCE NORTH 00 DEGREES 25 MINUTES 08 SECONDS EAST ALONG THE SOUTHERLY MOST WEST LINE OF SAID PARCEL III, A DISTANCE OF 57.00 FEET; THENCE NORTH 89 DEGREES 15 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID PARCEL III, A DISTANCE OF 74.00 FEET TO THE WEST LINE OF SAID PARCEL III; THENCE NORTH 00 DEGREES 25 MINUTES 08 SECONDS EAST ALONG SAID WEST LINE OF SAID PARCEL III, A DISTANCE OF 264.88 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS PARCEL I IN DEED NO. 99-09884; THENCE NORTH 89 DEGREES 43 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID PARCEL I, A DISTANCE OF 723.91 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION 2, ALSO BEING THE WEST LINE OF SAID PARCEL I; THENCE NORTH 00 DEGREES 36 MINUTES 11 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 409.47 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2, ALSO BEING THE NORTH LINE OF SAID PARCEL I; THENCE SOUTH 89 DEGREES 43 MINUTES 47 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 719.34 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PARCEL II IN DEED NO. 99-09884; THENCE NORTH 00 DEGREES 37 MINUTES 55 SECONDS EAST ALONG THE WEST LINE OF SAID PARCEL II, A DISTANCE OF 391.24 FEET TO A POINT ON A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2916.05 FEET ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE ALONG SAID CURVE AN ARC LENGTH OF 723.61 FEET, SUBTENDED BY A CHORD BEARING NORTH 56 DEGREES 32 MINUTES 25 SECONDS EAST AND A CHORD LENGTH OF 721.75 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 39 MINUTES 59 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 324.62 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS PARCEL 1 IN DEED NO. 2017R-11906; THENCE SOUTH 55 DEGREES 21 MINUTES 28 SECONDS WEST ALONG THE SOUTH LINE OF SAID PARCEL 1 AND NORTH LINE OF DEED NO. 2017R-05825, A DISTANCE OF 745.68 FEET; THENCE SOUTH 00 DEGREES 36 MINUTES 28 SECONDS WEST ALONG THE WEST LINE OF SAID DEED NO. 2017R-05825, A DISTANCE OF 191.53 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2816.05 FEET ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE ALONG SAID CURVE AN ARC LENGTH OF 60.44 FEET, SUBTENDED BY A CHORD BEARING SOUTH 63 DEGREES 28 MINUTES 17 SECONDS WEST AND A CHORD LENGTH OF 60.44 FEET TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN DEED NO. 2001-10924; THENCE NORTH 00 DEGREES 36 MINUTES 28 SECONDS EAST ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 148.13 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 67 SECONDS 00 MINUTES 28 SECONDS WEST ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 184.74 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS WEST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 151.36 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2816.05 FEET ON THE NORTHERLY RIGHT- OF-WAY LINE OF U.S. HIGHWAY 20; THENCE ALONG SAID CURVE AN ARC LENGTH OF 511.21 FEET, SUBTENDED BY A CHORD BEARING SOUTH 73 DEGREES 03 MINUTES 15 SECONDS WEST AND A CHORD LENGTH OF 510.51 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2; THENCE NORTH 00 DEGREES 35 MINUTES 52 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 524.13 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 1 AS DESCRIBED IN DEED NO. 2017-11906; THENCE NORTH 89 DEGREES 08 MINUTES 32 SECONDS WEST ALONG THE SAID Page 12 December 4, 2018 SOUTH LINE, A DISTANCE OF 649.95 FEET; THENCE SOUTH 05 DEGREES 51 MINUTES 00 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 285.80 FEET; THENCE SOUTH 84 DEGREES 49 MINUTES 00 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 148.32 FEET; THENCE NORTH 56 DEGREES 28 MINUTES 00 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 657.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1 ALSO BEING THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 2; THENCE NORTH 00 DEGREES 31 MINUTES 47 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 1802.28 FEET TO THE POINT OF BEGINNING. CONTAINING 426.59 ACRES, MORE OR LESS. (note: a map of the annexation area is on file in the City Clerk’s Office) President Przybylinski asked if the authors had anything they would like to add at this time. Councilman Simmons stated again that he walked the property with the McDonalds, and feels this would be a pleasant opportunity for the City to fulfill this annexation; and a great opportunity for industrial and residential development; stating he fully supports it. Councilman Bietry stated he concurs with what Councilman Simmons said; that this has been a long time coming, and is something that is a win-win for everyone; further commenting on the proposed ordinance; stating he is in support. President Przybylinski asked if there was anyone from the public who would like to comment on the proposed ordinance; there was no response. President Przybylinski asked if there were any comments from the Council; there was no response. Councilman Hamilton made the motion to approve the proposed ordinance; second by Councilman Bietry. 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 Carnes, Hamilton, Przybylinski, Silvas, Simmons, Stimley, Bietry and Dabney (8). NAYS: None (0). UNFINISHED BUSINESS President Przybylinski advised under Unfinished Business this evening the Council has a number of nominations; advising they are only nominations, and that they would not be voting this evening; stating the first one is nominations for the replacement of Rae Isbell, H.O.P.E. Community, who has submitted her resignation for her appointment to the Social Status of African American Males Commission (term expires February 15, 2019); asking if there were any nominations; stating they are still waiting for paperwork on that particular position. President Przybylinski advised the Common Council has one (1) appointment to the Board of Zoning Appeals – term expires December 31, 2018; and the incumbent at this time is Mr. Ricky Jackson; asking if there were any nominations for the Board of Zoning Appeals. Councilman Hamilton nominated Mr. Ricky Jackson; advising Mr. Jackson was present this evening; second by Councilman Dabney. President Przybylinski nominated Mr. Dennis Knaup; second by Councilman Bietry. Mr. Ricky Jackson addressed the Council advising he would like to withdraw his name at this time; commenting that he has known Mr. Knaup for many years, and he has his utmost respect and it is a privilege and honor to step aside for him. Page 13 December 4, 2018 President Przybylinski asked if there were any other nominations for the Board of Zoning Appeals; there was no response and nominations were closed. President Przybylinski advised the Common Council has one (1) appointment to the Commission for Women representing a Non-profit organization dealing with women’s issues– term expires December 21, 2018 – Incumbent: Ms. Kathy Dennis; asking if there were any nominations for the Women’s Commission. Councilman Dabney nominated Ms. Kathy Dennis. Clerk Neulieb advised the Council the Board & Commission form has not been submitted to the Clerk’s Office. Ms. Kathy Dennis addressed the Council “thanking” Councilman Dabney for the nominations; stating that she chooses not to run at this time; advising she has been on this commission for several years and feels it’s time to find some new blood. President Przybylinski asked if there were any other nominations for this commission; there was no response; advising this will be held over to the December 18, 2018 Council meeting. President Przybylinski advised the Common Council has one (1) appointment to the Fire Merit Commission – term expires December 31, 2018 – Incumbent: Ms. Louise Mock; asking if there were any nominations. Councilman Simmons nominated Ms. Louise Mock. President Przybylinski advised Ms. Mock turned in her paperwork for the appointment for the Fire Merit Commission after the deadline of 12:00 Noon last Thursday; further advising that Ms. Mock is not able to be in the running to be appointed to the Fire Merit Commission. Councilman Bietry nominated Mr. Ricky Jackson; second by Councilman Hamilton. President Przybylinski stated Mr. Ricky Jackson has been nominated to the Fire Merit Commission; asking if there were any other nominations for the Fire Merit Commission; there was no response; and nominations were closed. President Przybylinski advised the Common Council has two (2) appointments to the Redevelopment Commission – term expires December 31, 2018 – Incumbents: Mr. Damon Carnes and Ms. Kathy Dennis; stating at this time he would open nominations for 1 of the positions; further advising they would take one (1) position at a time. Councilman Hamilton nominated Mr. John Sheets; second by Councilman Dabney and Councilwoman Silvas. Councilwoman Carnes nominated Ms. Kathy Dennis; second by Councilman Bietry. Councilman Stimley nominated Mr. Pat Kowalski; second by Councilman Hamilton. Councilwoman Carnes nominated Ms. Dalia Zygas; second by Councilman Bietry. Councilman Dabney nominated Mr. Damon Carnes; second by Councilwoman Silvas. President Przybylinski asked if there were any other nominations for the Redevelopment Commission; repeating three (3x); there was no response and nominations were closed for the Redevelopment Commission. Page 14 December 4, 2018 Attorney James Meyer advised the Council still needed to do nominations for the second position for the Redevelopment Commission; stating they could either go thru the nominations process again or if the Council decided they could unanimously nominate the previous nominees for the second position. Discussion ensued between Mr. Meyer and the Council members on the nominations for the second position. President Przybylinski asked if the Council agreed unanimously to nominate the same individuals for the second position; all Council members stated “AYE”; there were none opposed; stating the nominations for the second position stand. NEW BUSINESS President Przybylinski advised as an FYI - the Common Council has 2 appointments to the Veteran’s Commission – 1 of these appointments shall be a representative of an organization dealing with veterans’ issues, including PTSD; stating nominations will be taken at the next Council meeting on December 18, 2018. COMMENTS FROM THE PUBLIC President Przybylinski asked if there were any comments from the public; there was no response. COMMENTS FROM THE COUNCIL President Przybylinski asked if there were any comments from the Council. Councilman Dabney advised Ms. Pat Boy has arrived; giving us the grand entrance, after her resolution was read; “thanking” her for her patience and guidance; and wishing her “good luck” in her new position as State Representative. President Przybylinski asked Councilwoman Carnes if she would re-read the Resolution for Ms. Boy. Ms. Boy apologized for being late; advising she was at the Drug Treatment Court and it went on later than she had anticipated. Councilwoman Carnes re-read the Resolution in its entirety. Ms. Boy “thanked” everyone for the kind words and support; stating she will miss everyone. President Przybylinski advised Ms. Boy when the Resolution comes back from being framed, he will deliver it to her house; “thanking” Ms. Boy for attending the meeting. President Przybylinski commented on follow through and running a department as a business; stating this is from Airport Manager Jessica Ward, and how during the budget hearings Councilmen Bietry, Dabney and himself are always looking for savings within the departments; commenting on refuse disposal at the Airport, and Ms. Ward working with the contractor they have to get a reduced rate, cutting $2,000.00 from that line item for the annual fee; stating he commended her for that; further commenting on the matter and job well done to Ms. Ward. Councilman Stimley commented as the Council’s appointee to the Port Authority Board that they are putting in a new parking lot, which includes the AT&T and water lines, and weather permitting in the next few weeks they will be putting in the curbs; advising at the last meeting they discussed the Tour Boats and the owners looking forward to working another year, and is working to get VIP cruises going with different Page 15 December 4, 2018 organizations; advising at the next meeting they will be taking a vote for doing kayak rentals; further commenting that the Tour Boats affected the Lighthouse Museum with a record number of about 5,000 visitors this year. President Przybylinski asked if there were any other comments from the Council; there was no response; asking for a motion to adjourn. Councilman Hamilton made the motion to adjourn; second by Councilman Dabney. ADJOURNMENT A motion by Councilman Hamilton, supported by Councilman Dabney and there being no further business to transact, President Przybylinski declared the meeting ADJOURNED (approximately 7:13 p.m.) ______________________________ Gale A. Neulieb, City Clerk