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City Council

Regular Meeting

Michigan City, IN · April 18, 2023

AgendaMinutes

Minutes

Page 1 April 18, 2023 REGULAR “HYBRID/ZOOM” MEETING April 18, 2023 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, April 18, 2023, at the hour of 6:30 p.m., Hosted by “Hybrid/Zoom” and streamed live on “My Michigan City” Facebook Page. The meeting was called to order at 6:30 p.m. by President Fitzpatrick. Roll call was authorized, and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Bryant Dabney, Sean Fitzpatrick, Michael Mack, Angie Nelson Deuitch, Don Przybylinski, Paul Przybylinski, Gene Simmons, Dalia Zygas, and Tracie Tillman (9). ABSENT: COUNCIL MEMBERS (0). A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Jewell Harris, Gale Neulieb, City Clerk, and Stacy Dudley, Deputy Clerk APPROVAL OF MINUTES President Fitzpatrick asked if there were any corrections, deletions, or additions to the Regular “Hybrid/Zoom” Council meeting minutes that was held April 4, 2023 and the Executive Session Labor Relations meeting minutes that was held April 5, 2023. Councilman D. Przybylinski made a motion to approve the minutes of the Regular “Hybrid/Zoom” meeting minutes that was held on April 4, 2023 and the Executive Session Labor Relations meeting minutes that was held April 5, 2023; second by Councilman Simmons. The motion carried and the minutes were approved from the April 4, 2023 Regular Council meeting and the Executive Session Labor Relations meeting held on April 5, 2023 by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, and Fitzpatrick (9) NAYS: Council member None (0) REPORTS of STANDING COMMITTEES President Fitzpatrick asked if there were any standing committee reports, there was no response. FINANCE REPORT President Fitzpatrick asked if there were any reports from the Finance Committee. Page 2 April 18, 2023 Councilwoman Tracie Tillman stated that the Finance Committee met this evening, April 18, 2023 at 5:30 p.m. there was a quorum, there were no minutes from the prior meeting held on April 4, 2023; and all in favor for approving the claims from Riverboat No. 2235 for the amount of $15,415.16; Riverboat EFT No. 2235 were $0.00; Boyd Development EFT Fund No. 2504 were $0.00 for a total amount of $15,415.16 of that the $308.92 was for the current electric; LaPorte Chrysler Inc. $6,435.00; Waymire Inc. $8,671.24 totaling $15,415.16 in claims which was approved; The riverboat statement of Cash Position for the fiscal year April 17, 2023 balance is $5,453,885.06, adding that Controller Hoffmaster was in attendance and that she addressed the purchase orders that were already approved in the prior budge; further conversation ensued regarding an ordinance on second reading that will be discussed in tonight’s meeting Creating Sections 2-419 in the City, Michigan City Municipal Code to Establish Criteria for the Utilization of the Public Safety LIT Funds. CLAIMS DOCKET President Fitzpatrick read the following Riverboat/Boyd Development Claims Fund for April 18, 2023 April 18, 2023 Fund #2235 – Riverboat – Claims - $ 15,415.16 EFT $ 00.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 15,415.16 President Fitzpatrick asked if there was a motion to approve the claims for April 18, 2023 in the total amount of $15,415.16. Councilman D. Przybylinski made a motion to approve the Riverboat/Boyd Claim Docket for April 18, 2023 in the total amount of $15,415.16, second by Councilwoman Tillman; the motion carried and was approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (9) NAYS: Council member None (0). REPORTS FROM BOARDS AND COMMISSION President Fitzpatrick asked if there were any reports from any boards or commissions, there was no response. REPORTS OF SPECIAL or SELECT COMMITTEES President Fitzpatrick asked if there were any reports of special or select committees, there was no response. Page 3 April 18, 2023 REPORTS FROM THE MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS President Fitzpatrick asked if there were any reports from the mayor or other city officers and departments. Clarence Hulse, Economic Development Director – EDCMC Annual Update Report MCFD Chief Doug Legault reported in the month of March there were 344 incident calls, 10 were fires, 273 medical calls, 8 hazardous condition calls, 6 service calls, 42 good intent calls, 3 false alarm calls, 1 special incident type, and 7 Narcan were used in the City of Michigan City; further stating that the fire department will be conducting another testing period for applications with a cut-off date of April 30, 2023 advising that you can pick up an applications at City Hall or the Administration Building; reporting on the truck committee that they have met twice and hopefully they will have something to report at the Council meeting, further stating that he has contacted Sentential (the facility that takes care of major repairs for the T-Rex); advising that they will have the complete history of the truck from 2015 up until 2018 which Councilman D. Przybylinski had asked for. Councilman D. Przybylinski stated that the T-Rex fire truck cost $1.3 million that was purchased five/six years ago seems to be having several maintenance issues and is trying to see how much the City has actually spent to date since it was purchased; also asking Chief Legault about the Ruby Woods incident, if a report was done on what took place and if it was sent out to the Council regarding the tent that caught on fire; Chief Legault advised that he will get this information from Jeff Bruder and forward it to each council member. Conversation ensued between Councilman P. Przybylinski and Chief Legault regarding the T-Rex firetruck. Chief Legault addressed President Fitzpatrick question regarding what a “Special Incident” was; advising that he would have to get back to him that he didn’t have an answer at this time. Chief Legault advised Councilman D. Przybylinski that he wasn’t given the report on how many Narcan doses were used in the month of March; but will forward the numbers to him; but believes the number used in March was down. Ed Shinn Park Superintendent addressed the council updating the progress on the fence project at Patriot Park. Councilman Simmons thanked Mr. Shinn regarding how nice Westcott Park looks, great job. MCPD Chief Steve Forker updated the Council regarding the six (6) applicants that passed; advising that we are currently waiting on their background checks, and if they pass the background will go for physical/psychological testing; stating that the Dune’s Lodge #75 negotiation team is looking forward to the Council’s continued support regarding the LIT funds. Steve Forker advised Councilmen Simmons and D. Przybylinski that there are six (6) officers in the academy and will graduate on April 28 and should be out on the street by early summer, updating other resignations and people leaving for better opportunities that the city could not o0ffer. President Fitzpatrick asked if there were any other reports from the mayor or other city officers or departments, there was no response. Page 4 April 18, 2023 PETITIONS President Fitzpatrick asked the Clerk if there were any petitions. Clerk Neulieb stated that there were no petitions this evening. COMMUNICATIONS President Fitzpatrick asked if any correspondence received. Clerk Neulieb advised that the Clerk’s Office received the following correspondence. Correspondence was received in the Clerk’s office on April 6, 2023 from Councilwoman Zygas requesting to read the Proclamation in its entirety regarding Arbor Day. Councilwoman Zygas read the following proclamation in its entirety. Proclamation WHEREAS: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture what a special day be set aside for the planting of trees; and this holiday, Arbor Day, was first observed with the planting of more than one million trees across the plains of Nebraska; and WHEREAS: 2023 marks the 151st anniversary of this holiday, and Arbor Day is now observed by across the nation and throughout the world; and WHEREAS: trees are one of mother nature’s greatest renewable resources giving us wood for construction, fuel for our fires, and paper to correspond; and WHEREAS: trees are a friend to earth and its inhabitants by reducing the erosion of precious topsoil via wind and water; trees absorb atmospheric harming carbon dioxide while releasing life sustaining oxygen, and trees moderate the temperature, all the while providing a habitat for myriad of wildlife; and WHEREAS: trees, wherever they are planted, are a source of spiritual joy and renewal, trees increase property values, enhance the vitality of business area while beautifying the overall look of our community; and WHEREAS: The City of Michigan City is most fortunate to have dedicated members of our Tree Board working effortlessly to provide a cleaner, healthier, more tree filled Michigan City. NOW, THEREFORE, I, MAYOR DUANE PARRY OF MICHIGAN CITY, INDIANA DO HEREBY PROCLAIM SATURDAY, APRIL 29, 2023 AS ARBOR DAY In the City of Michigan City and urge all citizens to support efforts to protect our trees and wildlands; and further urge all citizens to plant a tree for the benefit of future generations. DATED THIS 18TH DAY OF JANUARY, 2023 The Clerk’s Office also received the following correspondence on April 10, 2023. In Accordance with Ordinance No. 4538, the Clerk’s Office received on April 10, 2023 regarding an accident report with a MCPD vehicle. RESOLUTIONS Page 5 April 18, 2023 President Fitzpatrick asked the Clerk if there were any resolutions. Clerk Neulieb stated that there were no resolutions this evening. ORDINANCES The Clerk read the following proposed ordinance on second reading by title only. CREATING SEC. 2-419 IN THE MICHIGAN CITY MUNICIPAL TO ESTABLISH CRITERIA FOR UTILIZATION OF PUBLIC SAFETY LIT FUNDS INTRODUCED BY: Angie Nelson Deuitch Paul Przybylinski NOTE: This proposed ordinance was TABLED at the March 7, 2023 Council meeting until the Council meeting on April 18, 2023 President Fitzpatrick asked if there were any comments from the sponsors. Councilwoman Deuitch made a motion to TABLE this indefinitely until all negotiations are completed; second by Councilman P. Przybylinski; the motion carried and was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, and Deuitch (9) NAYS: Council member None (0). The Clerk read the following proposed ordinance on second reading by title only. CREATING ARTICLE 10 IN CHAPTER 22 ENTITLED “RENTAL INSPECTION PROGRAM” INTRODUCED BY: Dalia Zygas President Fitzpatrick asked if there were any comments from the sponsors. Councilwoman Zygas commented that several individuals wanted more information regarding this matter; there will be a new workshop on April 24, 2023 at 5:00 p.m. to go over the new changes. Councilwoman Zygas made a motion to TABLE this until the next meeting on May 3, 2023; second by Councilman Mack; the motion carried and was approved by the following vote: AYES: Council members Simmons, Zygas, Dabney, Mack, Deuitch, and D. Przybylinski (6) NAYS: Council member P. Przybylinski, Tillman, and Fitzpatrick (3). President Fitzpatrick stated that this ordinance will be tabled until May 3, 2023 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AMENDING ORDINANCE NO. 4650 COMMONLY KNOWN AS THE “2023 SALARY ORDINANCE” TO ESTABLISH A MONTHLY COMPENSATION FOR MEMBERS OF THE MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY INTRODUCED BY: Paul Przybylinski President Fitzpatrick asked if there were any comments from the sponsor. Councilman P. Przybylinski made a motion to TABLE this indefinitely; second by Councilwoman Deuitch; the motion carried and was approved by the following vote: Page 6 April 18, 2023 AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, and Simmons (9) NAYS: Council member None (0). 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 APPROVING AND AMENDING THE BEACHWALK PHASE 3B PUD PLANNED UNIT DEVELOPMENT INTRODUCED BY: Don Przybylinski Bryant Dabney President Fitzpatrick asked if there were any comments from the sponsors. Councilman D. Przybylinski stated that there are no issues with the development of the PUD; explaining the parking situation along Lake Shore Drive and that any overflow parking will then go to their “Beach Walk” private parking lot. President Fitzpatrick asked if there were any other comments from the sponsors. Councilman Dabney reiterated what was said at his last Plan Commission meeting that they voted unanimous in favor to move forward on this project. President Fitzpatrick asked if there were any other comments from the sponsors. Councilman D. Przybylinski made a motion to have third reading, second by Councilwoman Deuitch; the motion carried and was approved to have third reading this evening by the following vote: AYES: Council members P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, and Zygas (9) NAYS: Council member None (0). President Fitzpatrick asked if there were any comments from the public; there was no response. President Fitzpatrick asked if there were any comments from the council; there was no response. President Fitzpatrick stated that this matter will be held over for third reading. The Clerk read the following proposed ordinance on third reading by title only. CITY OF MICHIGAN CITY, INDIANA ORDINANCE NO. 4678 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA APPROVING AND AMENDING THE BEACHWALK PHASE 3B PLANNED UNIT DEVELOPMENT WHEREAS, Beachwalk Property Owners Association, Inc., Beachwalk Conservation, Inc., and WP21, LLC filed an Application to Amend Beachwalk Phase 3B Planned Unit Development (“PUD”) with the Michigan City Plan Commission (“Plan Commission”) seeking to add the parcels of real estate more particularly described in the attached Exhibits A-C, which are incorporated into and made a part of this Ordinance by virtue of this reference, to the previously approved Beachwalk Phase 3B PUD; and WHEREAS, the Applicant(s) duly complied with the preliminary PUD site plan submittal requirements as set forth in Article 25, Section 25.07 of the Joint Zoning Ordinance; and WHEREAS, following the filing of the Application, the Plan Commission scheduled and conducted public hearing for the Amended PUD on January 24, 2023; and Page 7 April 18, 2023 WHEREAS, the Plan Commission found that the Applicant(s) properly gave the necessary notice of the filing of the Application and of the date and time of the public hearing on said Application by publication in the manner prescribed by IC §5-3-1-, et. seq.; and WHEREAS, the Plan Commission found that the required notice to the persons who own property within three hundred feet (300’) of the subject parcels of real estate for which preliminary approval of the Amended PUD is sought and who were required to be given notice of the filing of the Application as well as the date and time of hearing of the hearing; and WHEREAS, during the public hearing, the Plan Commission determined that the requirements of I.C. § 36-7-4-1505, were satisfied, further determined that a zoning map should be adopted to reflect the addition of the proposed Amended PUD overlay, all as permitted by and set forth in the Indiana Code as well as the Joint Zoning Ordinance, certified to Common Council of the City of Michigan City, Indiana its favorable recommendation of the preliminary approval of the Amended PUD, and certifies its favorable recommendation for passage of this proposed Ordinance to the Common Council; and WHEREAS, the Plan Commission approved the preliminary site plan with no modifications or commitments; and WHEREAS, the subject parcels of real estate in a zoning district for which the proposed uses of the parcels as part of the Amended PUD are permissible; and WHEREAS, notice of the Common Council’s intention to consider the proposed change in the Zoning Map to reflect the Amended Beachwalk Phase 3B PUD as required by IC § 5-14-1.5-5, has been duly posted and published; and WHEREAS, the Common Council has paid reasonable regard, consideration, and attention to the recommendation of the Plan Commission, to the documentation and other evidence presented to the Common Council regarding the proposed Zoning Map change, and to the legal requirements applicable to the Common Council’s decision, including, as required by IC § 36-7-4-603, the City’s Comprehensive Plan; the current conditions and the character of current structures and uses in each district; the most desirable uses for which the land in each district is adapted; the conservation of property values throughout the City; and responsible development and growth, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, pursuant to applicable laws, including IC § 36-7-4-608 and Article 25 of the Joint Zoning Code, and based on the evidence presented, as follows: 1. The subject parcels of real estate, as described above and more fully depicted in the survey included with the attached Exhibit D, which is incorporated into and made a part of this Ordinance by virtue of this reference, shall now serve as designated and Amended Beachwalk Phase 3B PUD district. 2. The permissible use(s) in this Amended PUD district shall be for single family residences in accordance with applicable provisions of the Beachwalk Property Owners Association, Inc.’s governing documents and the Joint Zoning Ordinance. 3. The Beachwalk Phase 3B PUD, as amended, shall remain under the ownership of the Beachwalk Property Owners Association, Inc. 4. The uses or range of uses, development requirements, required plan documentation and supporting information, and limitations, if any, applicable to this Amended PUD district all, as required by IC § 36-7-4-1500, et. seq., and specifically IC § 36-7-4-1503, and Article 25 of the Joint Zoning Ordinance, are set forth in the attached Exhibit D. 5. Amending the City’s Zoning Map to include the amendment to the previously approved Beachwalk Phase 3B PUD district: A. is compatible with the City’s Comprehensive Plan, the current conditions and the character of current structures and uses in each district; the most desirable uses for which the land in each district is adapted; the conservation of property values throughout the City; and responsible development and growth; Page 8 April 18, 2023 B. will provide for the most reasonable use for which the affected property is adapted and the proposed land use will not have an adverse effect on surrounding land; C. will not be injurious or detrimental to the surrounding property values and will further the conservation of property values throughout the City; D. will promote orderly and responsible community growth and development and will not adversely affect the community; E. the topography, soil condition, and other physical features of the subject land are suitable for the proposed use; F. the change in Zoning Map is not “spot zoning” which will confer a special benefit on a relatively small tract without commensurate benefit to the community; and G. the change in zoning and/or the Zoning Map will not disrupt or destroy any neighborhood plan. 6. The Common Council finds it is in the best interests of the City of Michigan City, Indiana and its citizens to accept and approve the favorable recommendation of the Plan Commission that the requested change in the City’s Zoning Map be approved by the Common Council. 7. The Zoning Map of the City of Michigan City, Indiana shall be amended to reflect the addition of this amendment to the previously approved Beachwalk Phase 3B PUD district; and the amended Zoning Map shall be available in the office of the Plan Commission for review and copying by the public. 8. A certified copy of this Ordinance shall be recorded with the LaPorte County Recorder in order that the same may be placed of record with that Office. 9. This Ordinance shall be liberally construed to effectuate the Amended Beachwalk Phase 3B PUD, structures and the uses related to and located within the Amended PUD area permitted uses under the ordinances creating and affecting Beachwalk. Except as to the real estate parcels that are the subject of the Application to the Plan Commission, this Ordinance does not modify, alter, or amend any previously existing ordinances, rules, and regulations for Beachwalk. 10. From and after the passage and publication of this Ordinance, the ordinances, drawings, maps, and exhibits in effect for Beachwalk shall be considered and they are now accordingly amended and revised. This Ordinance after its passage and approval by the Mayor of Michigan City, Indiana shall be published in accordance with the laws of the State of Indiana. Introduced by: /s/ Don Przybylinski, Member /s/ Bryant Dabney, Member /s/ Dalia Zygas, Member President Fitzpatrick asked if the sponsors had anything to add at this time; there was no response. President Fitzpatrick asked if there were any comments from the public; there was no response. President Fitzpatrick asked if there were any comments from the council. Councilman D. Przybylinski made a motion to approve the proposed ordinance; second by Councilman Dabney; the motion carried and was approved by the following vote: AYES: Council members Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Zygas, and P. Przybylinski (9) NAYS: Council member None (0). Page 9 April 18, 2023 The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE ESTABLISHING A FUND FOR SPECIFIC MAINTENANCE AND REPAIR OF BRICK STREETS WITHIN THE CITY OF MICHIGAN CITY, INDIANA INTRODUCED BY: Paul Przybylinski President Fitzpatrick asked if the sponsors had anything to add at this time. Councilman P. Przybylinski advised that after talking with the City Attorney this proposed ordinance needs to be critiqued with some amendment; requesting that this matter be tabled until the next meeting on May 3, 2023. Councilman P. Przybylinski made a motion to TABLE the proposed ordinance until May 3, 2023; seconded by Councilwoman Deuitch; the motion carried and was approved by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, and Tillman (9) NAYS: Council member None (0). The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE CREATING A PERMANENT SIDEWALK FUND FOR SIDEWALK REPAIRS FOR THE CITY OF MICHIGAN CITY, INDIANA INTRODUCED BY: Paul Przybylinski Tracie Tillman Angie Nelson Deuitch Sean Fitzpatrick Don Przybylinski President Fitzpatrick asked if the author had anything to add at this time. Councilman D. Przybylinski stated that this has been something that has been needed in our City for quite some time; stating that we have not had any sidewalks repaired for over two years and Michigan City needs to improve the neighborhoods. Councilman P. Przybylinski stated that this ordinance should have been done years ago and that he wants to get the funds together so that this project can be completed; advising that the City Attorney also said this proposed ordinance needs some amendments as well. Councilman P. Przybylinski made a motion to TABLE the proposed ordinance until the May 3rd council meeting; seconded by Councilwoman Deuitch; the motion carried and was approved to TABLE the proposed ordinance until the May 3rd Council meeting by the following vote: AYES: Council members Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, and Dabney (9) NAYS: Council member None (0). President Fitzpatrick asked if there were any other comments from the council, there was no response; stating that the proposed ordinance will be TABLED on second reading at our May 3, 2023 Council meeting. The Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE ESTABLISHING A FUND FOR SUBSIDIZING SEWER LATERAL REPAIRS WITHIN THE CITY OF MICHIGAN CITY, INDIANA INTRODUCED BY: Paul Przybylinski Tracie Tillman Angie Nelson Deuitch Page 10 April 18, 2023 President Fitzpatrick asked if there were any comments from the author. Councilman P. Przybylinski advised that a lot of the residence in our city are having lateral sewer problems, further explaining what the lateral is and that an ordinance was passed in 2017 by the Sanitary District stating that the homeowner must pay half (1/2) of the work on the easements. Councilman P. Przybylinski made a motion to TABLE the proposed ordinance until May 3, 2023; seconded by Councilman D. Przybylinski; the motion carried and was approved to TABLE the proposed ordinance until the May 3, 2023 Council meeting by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, and Fitzpatrick (9) NAYS: Council member None (0). Councilman D. Przybylinski asked to be added as a co-sponsor. President Fitzpatrick asked if there were any other comments, there was no response; stating that the proposed ordinance is TABLED on second reading until the May 3, 2023 Council meeting. NEW BUSINESS President Fitzpatrick asked the Clerk if there were any new business. Clerk Neulieb stated that there was no new business this evening. UNFINISHED BUSINESS VOTE: President Fitzpatrick stated that Mayor Parry is requesting the advice and consent of the Michigan City Common Council regarding his appointment of Gigi McCabe-Miele to the Michigan City Historic Review Board (Term will begin immediately and expire 03/15/26) Councilwoman Deuitch made a motion to approve the Mayors request for the advice and consent of Ms. McCabe-Miele to the Historic Review Board; second by Councilwoman Tillman; the motion carried and was approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (9) NAYS: Council member None (0). VOTE: President Fitzpatrick stated that Mayor Parry is requesting the advice and consent of the Michigan City Common Council regarding his appointment of Carolyn Miller to the Michigan City Cemetery Board replacing Paul Foreman (Term will begin immediately and expire 12/31/23) Councilwoman Deuitch made a motion to approve the mayors request for the advice and consent of Ms. Miller to the Cemetery Board; second by Councilman P. Przybylinski; the motion carried and was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, and Deuitch (9) NAYS: Council member None (0). NOMINATIONS: President Fitzpatrick stated the Council has the following appointment to the Michigan City Social Status of African American Males (Term expired February 15, 2023 and are all one (1) year terms) Incumbent: vacant - Ministerial Assoc. Page 11 April 18, 2023 President Fitzpatrick asked if we have received any correspondence to date; Clerk Neulieb advised that we haven’t received anything to date. Councilwoman Deuitch stated that she reached out to the Ministerial Association, and they stated that they will be notifying the City Clerk’s office. COMMENTS FROM THE PUBLIC President Fitzpatrick asked if there were any comments from the public. Ernie Hallihan, 302 Gladys Street, apologized for his actions at the last Council meeting regarding the rental inspection ordinance; him and several others showed up for the workshop regarding the rental inspection not knowing that it had been cancelled, there should have been a public notice sent out, further discussing the funds that were in the paper that the City is supposed to receive from the Government for paving of the streets. Alicia Ortiz, 6555 Wildflower Portage Indiana as a Representative for the State of Indiana Real Estate Investors, addressed the Council informing them about the Inspections and State Law Indiana Code 36 Regulation of Rental Leases and to address that while working with municipalities across the state that as soon as the landlord inspection is passed, it will cause more problems for affordable housing, further explaining why this happens and why the rental inspections are not needed. Rodney McCormick, 617 Union Street, President of the Michigan City Housing Authority stated that he has seen mailings and placers come to people’s doors and as we just heard from Ms. Ortiz affordable housing in Michigan City is over due to the residents selling their homes to out of state buyers, HUD has no plans on bringing back any projects to Michigan City, the only thing they will offer is section 8 vouchers., we need fair market value homes not low income housing. Tommy Kulavik, 1316 Ohio Street, stated that he would like to site Sec.16.08 Sec. G of the Michigan City Municipal Code reads Tents shall not be erected, used, or maintained on any lot, except small tents that are customarily used for recreation purposes and are located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business, or manufacturing purposes shall be permitted when a permit has been issued by the enforcement official in accordance with provisions set forth in Article 26. No one should come to Michigan City and live in a tent. Matt Babcock, Dunes Lodge #75, reiterating what Chief Forker had stated regarding the negotiations thanking the Council and Labor Relations Committee, the sooner everyone can come to an agreement the sooner they can get new recruits. Kathy Stransky, 223 Barker Avenue, stated that a week ago she was down at the beach on Saturday night a bunch of kids were down there doing doughnuts, we need more MCPD to patrol on the weekends. President Fitzpatrick asked if there were any other comments from the public, there was no response. COMMENTS FROM THE COUNCIL President Fitzpatrick asked if there were any other comments from the Council at this time. Page 12 April 18, 2023 Councilman D Przybylinski addressed the council regarding the LIT money to be used for the kennels for the Animal Control Department, bids are coming in on building a new kennel for the animals; further reading about animal control being ran through the MCPD in an effort to preserve peace and order then an argument can be made that this is an allowable expense; regards to the Washington Park, the weather is getting nicer the first reaction is that the Park gets closed at 8:00-9:00 p.m. we should not allow thugs to get the Park closed, we can get the State Police to come and sit at the beach from 5:00-10:00 p.m. for free; further thanking John Marshell at the Michigan City Golf Course who is retiring after 32 years of service. Councilwoman Tillman addressed the council stating that PSA on behalf of the Child Support Division is transitioning to a new child support system (invest is the new system) during the transition those receiving child support will continue to receive funds. Councilman P Przybylinski addressed the council stating that the reason he voted nay to the inspection program being TABLED was to allow the people who came to discuss this matter a chance to be heard; at the Board of Public Works meeting the other day we were discussing a ditch and at the meeting the Mayor attacked myself and Commissioner Kulavik by saying we were beating a dead horse regarding the sewers and drainage problems in Michigan City. President Fitzpatrick asked if there are any other Council comments, there was no response. ADJOURNMENT A motion by President Fitzpatrick second by Councilwoman Deuitch and there being no further business to transact, President Fitzpatrick declared the meeting ADJOURNED (approximately 8:03 p.m.) . _______________________________ Gale A. Neulieb, City Clerk Page 13 April 18, 2023

Agenda

AGENDA COMMON COUNCIL - REGULAR MEETING Tuesday, April 18, 2023 Meeting to be held at 6:30 p.m., local time, in the Council Chambers, City Hall 100 E. Michigan Blvd. and Hosted by “Hybrid/Zoom” and Streaming Live on “My Michigan City” Facebook Page See attached to connect to “Hybrid/Zoom” CALL TO ORDER BY COUNCIL PRESIDENT PLEDGE OF ALLEGIANCE AND SILENT PRAYER ROLL CALL APPROVAL OF MINUTES Regular (Hybrid/Zoom) April 4, 2023 Executive Session Labor Relations April 5, 2023 REPORTS OF STANDING COMMITTEES FINANCE COMMITTEE MEETING Agenda April 18, 2023 Posted April 13, 2023 Page 1 CLAIMS DOCKET April 18, 2023 Fund #2235 – Riverboat – Claims - $ 15,415.16 EFT $ 00.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 15,415.16 RIVERBOAT/BOYD DEVELOPMENT “PURCHASE ORDERS” April 18, 2023 Riverboat Total $1,759,824.82 Boyd Development Total 355,000.00 REPORTS FROM BOARDS AND COMMISSIONS REPORTS OF SPECIAL or SELECT COMMITTEES REPORTS from MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS Clarence Hulse, Economic Development Director – EDCMC Annual Update Report Agenda April 18, 2023 Posted April 13, 2023 Page 2 PETITIONS COMMUNICATIONS Correspondence was received in the Clerk’s office on April 6, 2023 from Councilwoman Zygas requesting to read the Proclamation in its entirety regarding Arbor Day In Accordance with Ordinance No. 4538, the Clerk’s Office received on April 10, 2023 regarding an accident report with a MCPD vehicle RESOLUTIONS ORDINANCES ORDINANCE CREATING SEC. 2-419 IN THE MICHIGAN CITY MUNICIPAL CODE 2nd Reading TO ESTABLISH CRITERIA FOR UTILIZATION OF PUBLIC SAFETY LIT FUNDS Introduced by: Angie Nelson Deuitch Paul Przybylinski NOTE: This proposed ordinance was TABLED at the March 7, 2023 Council meeting until the Council meeting on April 18, 2023 Agenda April 18, 2023 Posted April 13, 2023 Page 3 ORDINANCE CREATING ARTICLE 10 IN CHAPTER 22 ENTITLED “RENTAL 2nd Reading INSPECTION PROGRAM” INTRODUCED BY: Dalia Zygas ORDINANCE AMENDING ORDINANCE NO. 4650 COMMONLY KNOWN AS THE 2nd Reading “2023 SALARY ORDINANCE” TO ESTABLISH A MONTHLY COMPENSATION FOR MEMBERS OF THE MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY INTRODUCED BY: Paul Przybylinski ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 2nd Reading OF MICHIGAN CITY, INDIANA APPROVING AND AMENDING THE BEACHWALK PHASE 3B PUD PLANNED UNIT DEVELOPMENT INTRODUCED BY: DonPrzybylinski Bryant Dabney Dalia Zygas Agenda April 18, 2023 Posted April 13, 2023 Page 4 ORDINANCE AN ORDINANCE ESTABLISHING A FUND FOR SPECIFIC 2nd Reading MAINTENANCE AND REPAIR OF BRICK STREETS WITHIN THE CITY OF MICHIGAN CITY, INDIANA INTRODUCED BY: Paul Przybylinski ORDINANCE AN ORDINANCE CREATING A PERMANENT SIDEWALK FUND 2nd Reading FOR SIDEWALK REPAIRS FOR THE CITY OF MICHIGAN CITY, INDIANA INTRODUCED BY: Paul Przybylinski TracieTillman Angie Nelson Deuitch Sean Fitzpatrick Don Przybylinski ORDINANCE AN ORDINANCE ESTABLISHING A FUND FOR SUBSIDIZING SEWER 2nd Reading LATERAL REPAIRS WITHIN THE CITY OF MICHIGAN CITY, INDIANA INTRODUCED BY: Paul Przybylinski Tracie Tillman Angie Nelson NEW BUSINESS Agenda April 18, 2023 Posted April 13, 2023 Page 5 UNFINISHED BUSINESS VOTE: Mayor Parry is requesting the advice and consent of the Michigan City Common Council regarding his appointment of Gigi McCabe-Miele to the Michigan City Historic Review Board (term will begin immediately and expire 03/15/26) VOTE: Mayor Parry is requesting the advice and consent of the Michigan City Common Council regarding his appointment of Carolyn Miller to the Michigan City Cemetery Board replacing Paul Foreman (term will begin immediately and expire 12/31/23) NOMINATIONS:The Council has the following appointment to the Michigan City Social Status of African American Males (term expired February 15, 2023 and are all one (1) year terms) Incumbent: vacant - Ministerial Assoc. COMMENTS FROM THE PUBLIC Agenda April 18, 2023 Posted April 13, 2023 Page 6 COMMENTS FROM THE COUNCIL ADJOURNMENT _________________________________ Gale A. Neulieb, City Clerk You are invited to a Zoom webinar. When: April 18, 2023 6:30 PM Central Time (US and Canada) Please click the link below to join the webinar: https://us02web.zoom.us/j/86900890058?pwd=MW92Ri9KZDYzajRFR2F3VW1PNVljQT09 Passcode: 617561 Or One tap mobile : US: +13126266799,,86900890058#,,,,*617561# or +16465588656,,86900890058#,*617561# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 Webinar ID: 869 0089 0058 Passcode: 617561 International numbers available: https://us02web.zoom.us/u/kbaFyn7Iw5 Agenda April 18, 2023 Posted April 13, 2023 Page 7

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