City Council

Page 1 May 16, 2023 REGULAR “HYBRID/ZOOM” MEETING May 16, 2023 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, May 16, 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, Don Przybylinski, Paul Przybylinski, Gene Simmons, Dalia Zygas, and Tracie Tillman (7). ABSENT: COUNCIL MEMBERS Michael Mack and Angie Nelson Deuitch (2). NOTE: President Fitzpatrick stated the Councilman Mack will be late this evening and Councilwoman Deuitch will not be present and is excused. A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Nick Snow, 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 May 3, 2023. Councilman D. Przybylinski made a motion to approve the minutes of the Regular “Hybrid/Zoom” meeting minutes that was held on May 3, 2023; second by Councilman Dabney. The motion carried and the minutes were approved from the May 3, 2023 Regular Council meeting by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick and D. Przybylinski (7) 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. Councilwoman Tracie Tillman stated that the Finance Committee did not meet on this evening due to not having a quorum and will approve the following claims from Riverboat No. 2235 in the amount of $8,175.00; Riverboat EFT No. 2235 were $0.00; Page 2 May 16, 2023 Boyd Development Fund No. 2504 were $0.00 for a total amount of $8,175.00 for G. M. Fedorchak & Associates, Inc. The City of Michigan City Riverboat Statement of Cash Position for the fiscal year to date May 15, 2023 ending balance $6,337,437.34 CLAIMS DOCKET President Fitzpatrick read the following Riverboat/Boyd Development Claims Fund for May 16, 2023 May 16, 2023 Fund #2235 – Riverboat – Claims - $ 8,175.00 EFT $ 00.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 8,175.00 President Fitzpatrick asked if there was a motion to approve the claims for May 16, 2023 in the total amount of $8,175.00. Councilman P. Przybylinski made a motion to approve the Riverboat/Boyd Claim Docket for May 16, 2023 in the total amount of $8,175.00, second by Councilman Simmons; the motion carried and was approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, D. Przybylinski, and Simmons (7) 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. 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. Chief Corley reported the MCPD has implemented their Utility Incorporated Body Worn Cameras and in car camera’s and is a new system for our department and was able to implement the training quicker with us being able to start using our new system this Friday; advising their “Flock” cameras are also up and running. Asst. Chief advised President Fitzpatrick that the body camera’s being replaced were at least five (5) years old. Tommy Kulavik, 1316 Ohio Street, member of the Fire Merit Commission wanted to let everyone know that at 9:00 p.m. this evening on Channel 9 they are going feature the “Miracle at Mount Baldy. Page 3 May 16, 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 25, 2023 from the Michigan City Police Department regarding the approval of amendments to their contract. Correspondence was received in the Clerk’s Office on April 27, 2023 from the Michigan City Fire Department regarding the approval of amendments to their contract. RESOLUTIONS The Clerk read the following proposed resolution by title only. APPROVING REQUEST TO CONNECT TO MICHIGAN CITY SEWER UTILITIES BY ERIC PERRIN AND PATRICIA PERRIN OF 3642 BIRCHWOOD TRAIL, MICHIANA SHORES, INDIANA Introduced by: Dalia Zygas President Fitzpatrick asked if the author had anything to add at this time. Councilwoman Zygas advised that these are residents that want to connect to our sanitary sewers, there is no cost to the City, and this is following all the procedures that were put in place in December. 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 stated as far as incurring costs to the city and I’m going to be sponsoring one of these resolutions that it should be included in the language of each of these resolutions requesting to connect to city sewers that any work that is required to be done by the Sanitary District the property owner knows they have to pay every cost being incurred. Councilman P. Przybylinski asked if Councilman D. Przybylinski if what he stated was a motion to amend before approving this resolution. Discussion ensued between Councilmen D. Przybylinski and P. Przybylinski regarding the language needed to be in this resolution, improving sewer lines, cost of hauling sewage away: Councilman P. Przybylinski made a motion to TABLE this proposed resolution until the next Council meeting on June 6, 2023 to amend the language, second by Councilman D. Przybylinski; the motion carried and was TABLED until the June 6, 2023 meeting by the following vote: AYES: Council members Tillman, Fitzpatrick, D. Przybylinski, and Przybylinski (4) NAYS: Council member Dabney, Simmons, Zygas (3). Page 4 May 16, 2023 ORDINANCES The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE PUBLIC SAFETY LOCAL INCOME TAX (LIT) FUND TO FUND AMENDMENTS TO BOTH POLICE AND FIRE UNION CONTRACTS Introduced by: Sean Fitzpatrick Don Przybylinski Paul Przybylinski (DECREASE Public Safety LIT Fund 2240 Unappropriated balance $1,993,747.00 INCREASE ACCOUNT#2240.201.411.013 $671,660.00 Salaries & Wages – Regular Salaries INCREASE ACCOUNT#2240.201.413.001 $9,740.00 Employee Benefits – Employer Share FICA INCREASE ACOUNT #2240.202.411.013 1,293,447.00 salaries & Wages – Regular Salaries INCREASE ACCOUNT#2240.202.413.001 $18,900.00 Employee Benefits – Employer Share FICA) President Fitzpatrick stated that there will be a formal public hearing this evening. President Fitzpatrick asked if the authors had anything to add at this time. Councilman P. Przybylinski stated that he is happy to see that we are moving forward with the bonding of both packages for the police and fire department that was negotiated. Councilman D. Przybylinski advised that he stands behind this ordinance 120%; stating that this is what the firefighters and the police officers were wanting which will help both departments strengthen up forces and get back to full capacity. President Fitzpatrick stated we will be opening our formal public hearing (repeating three times) “Is there anyone from the public that wished to speak on this matter” there was no response, closing the formal public hearing. President Fitzpatrick asked if the Council had anything to add at this time. NOTE: Councilman Mack enter the Council Chamber Councilman P. Przybylinski asked to suspend the rules and have third reading this evening, second by Councilman Dabney; the motion carried and was approved to have third reading this evening by the following vote: AYES: Council members Fitzpatrick, Mack, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman and Dabney (8) NAYS: Council member (0). The Clerk Read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4679 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE PUBLIC SAFETY LOCAL INCOME TAX (LIT) FUND TO FUND AMENDMENTS TO BOTH POLICE AND FIRE UNION CONTRACTS 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 2023 Annual Budget to fund recent amendments to both the police and fire union contracts, and more specifically: 1.) With respect to the Second Amendment to 2022-2024 Union Contract between the Page 5 May 16, 2023 Michigan City Fraternal Order of Police Dunes Lodge #75 and the City of Michigan City, Indiana the following monies will need to be appropriated: a. One-time bonus for the calendar year 2023 for members of the Police Department in the amount of Seven Thousand Dollars ($7,000.00); and b. Restructuring the length of time required to obtain lower tier ranks and increasing the base salary for Probationary Patrolman and Patrolman (1-2 years) for the year 2023 as follows: Informational Bi-Weekly (2023 Annualized) Patrolman (1-2 years) $2,175.38 $56,560.00 Probationary Patrolman $2,057.69 $53,500.00; and 2.) With respect to the Amendment to Contract for 2022-2024 Union Contract between the City of Michigan City, Indiana and the Michigan City Firefighters Local #475 the following monies will need to be appropriated: c. One-time bonus for the calendar year 2023 for members of the Fire Department in the amount of Six Thousand Five Hundred Dollars ($6,500.00); and d. Restructuring the length of time required to obtain lower tier ranks and increasing the base salary for Probationary Firefighter and Firefighter (1-2 years) for the year 2023 as follows: Informational Bi-Weekly (2023 Annualized) Firefighter (1-2 years) $2,175.38 $56,560.00 Probationary Firefighter $2,057.69 $53,500.00; and 3.) Amendment to the Appointed Officials and Employees 2023 Salary Ordinance No. 4650 to provide the Fire Chief and Deputy Fire Chiefs with a one-time bonus for 2023 in the amount of Six Thousand Five Hundred Dollars ($6,500.00) and to provide the Police Chiefs and Deputy Police Chiefs with a one-time bonus for 2023 in the amount of Seven Thousand Dollars ($7,000.00). WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Public Safety LIT Fund #2240 to be appropriated for the aforementioned purposes. 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 Public Safety LIT Fund 2240 Unappropriated balance $1,993,747.00 INCREASE ACCOUNT#2240.201.411.013 $671,660.00 Salaries & Wages – Regular Salaries INCREASE ACCOUNT#2240.201.413.001 $9,740.00 Employee Benefits – Employer Share FICA INCREASE ACCOUNT#2240.202.411.013 $1,293,447.00 Salaries & Wages – Regular Salaries INCREASE ACCOUNT#2240.202.413.001 $18,900.00 Employee Benefits – Employer Share FICA Page 6 May 16, 2023 TOTAL FOR FUND $1,993,747.00 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/ Sean Fitzpatrick, Member Michigan City Common Council INTRODUCED BY: /s/ Paul Przybylinski, Member Michigan City Common Council INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if the authors had anything to add at this time. Councilman P. Przybylinski that the negotiating teams did an amazing job with this going to be part of the tools to help us recruit and keep our probationary firefighters and new police officers. Councilman D. Przybylinski made a motion to approve the proposed ordinance, second by Councilman Dabney: The motion carried and was approved by following vote: AYES: Council members Mack, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney and Fitzpatrick (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on second reading by title only. AMENDING ORDINANCE NO. 4654 TO INCREASE THE BASE SALARIES FOR THE POSITION OF PROBRATIONARY FIREFIGHTER AND FIREFIGHTER IN THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2023 & ALSO TO PROVIDE MEMBERS OF THE FIRE DEPARTMENT WITH A ONE- TIME BONUS FOR 2023 Introduced by: Sean Fitzpatrick Don Przybylinski Paul Przybylinski President Fitzpatrick asked if the authors had anything to add at this time, there was no response. President Fitzpatrick asked if there were any questions or comments from the public at this time, there was no response. President Fitzpatrick asked if there were any comments from the Council. Councilman P. Przybylinski made a motion to have third reading this evening, second by Councilwoman Tillman; the motion carried and was approved to have third reading by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4680 AMENDING ORDINANCE NO. 4654 TO INCREASE THE BASE SALARIES FOR THE POSITIONS OF PROBATIONARY FIREFIGHTER AND FIREFIGHTER IN THE FIRE Page 7 May 16, 2023 DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2023 & ALSO TO PROVIDE MEMBERS OF THE FIRE DEPARTMENT WITH A ONE- TIME BONUS FOR 2023 WHEREAS, on or about December 2021, the City and the Local #475 entered into a contract entitled “Contract for 2022-2024 between the City of Michigan City, Indiana and the Michigan City Firefighters Local #475” (“the Contract”) that governs the working relationship between the parties and also sets forth the salaries and wages for members of the Michigan City Fire Department; and WHEREAS, pursuant to IC 36-8-3-3, the 2023 salaries for the Fire Department were previously set by Ordinance No. 4654 entitled “An Ordinance Establishing Salaries for the Fire Department of the City of Michigan City for the Calendar Year 2023” passed by the Common Council on October 4, 2022 and signed into effect by the Mayor on October 5, 2022; and WHEREAS, the City has recently approved an Amendment to the Contract and as such, the need now exists to amend Ordinance No. 4654 to amend the base wages for the positions of Probationary Firefighter and Firefighter for 2023 and also to establish a one-time bonus for members of the Fire Department for 2023; and WHEREAS, the City Controller has advised that an additional appropriation is needed in the budget of the Public Safety LIT to fund the increase in salaries for the rank of Probationary Firefighter and Firefighter (1-2 years) and the one-time 2023 bonus for all members of Michigan City Firefighters Local #475, and the Common Council has adopted the additional appropriation ordinance necessary to fund this Ordinance. NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that: Section 1. Consistent with the terms and conditions of the Amendment to the 2022-2024 Contract Between the City of Michigan City, Indiana & the Michigan City Firefighters Local #475, the salaries for the rank of Probationary Firefighter and Firefighter (1-2 years) for the year 2023 shall be set as follows: Informational Base Wages: Bi-Weekly (2023 Annualized) Firefighter (1-2 years) $2,175.38 $56,560.00 Probationary Firefighter $2,057.69 $53,500.00 Section 2. Said amendments to the base salaries for the Probationary Firefighter and Firefighter (1-2 years) shall take effect the first payroll after passage of this Ordinance. Section 3. In addition, consistent with the terms and conditions of the Amendment to the 2022-2024 Contract Between the City of Michigan City, Indiana & the Michigan City Firefighters Local #475, members of the Michigan City Fire Department shall be entitled to one- time bonus for 2023 in the amount of Six Thousand Five Hundred Dollars ($6,500.00). Section 4. All other terms of Ordinance No. 4654 not in conflict herein shall remain in full force and effect. This Ordinance to be effective upon passage by the Council, approved by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Sean Fitzpatrick, Member Michigan City Common Council INTRODUCED BY: /s/ Paul Przybylinski, Member Michigan City Common Council Page 8 May 16, 2023 INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if there were any additional comments from the authors, there was no response. President Fitzpatrick asked if there were any comments from the public at this time, there was no response. President Fitzpatrick asked if the Council had anything to add. Councilman D. Przybylinski made a motion to approve the proposed ordinance, second by Councilwoman Tillman; the motion carried, and the proposed ordinance was approved by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack and D. Przybylinski (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on second reading by title only. AMENDING ORDINANCE NO. 4653 TO INCREASE THE SALARIES FOR THE POSITIONS OF PROBATIONARY PATROLMAN AND PATROLMAN IN THE POLICE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2023 & ALSO TO PROVIDE MEMBERS OF THE POLICE DEPARTMENT WITH A ONE-TIME BONUS FOR 2023 Introduced by: Sean Fitzpatrick Don Przybylinski Paul Przybylinski President Fitzpatrick asked if any of the authors had anything to add. Councilman D. Przybylinski made a motion to have third reading this evening, second by Councilwoman Tillman, the motion carried and was approved to have third reading this evening by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack D. Przybylinski, and Simmons (8) NAYS: Council member (0). President Fitzpatrick asked if there were any comments from the public, there was no response. Asst Chief MCPD Marty Corley thanked the council for the negotiations regarding the LIT funds and what the MCPD received; reporting on the upcoming tests they will be doing on May 28, 2023 and hopefully be able to get people recruited and hired on in the near future. President Fitzpatrick asked if there were any comments from the council, there was no response. The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4681 AMENDING ORDINANCE NO. 4653 TO INCREASE THE SALARIES FOR THE POSITIONS OF PROBATIONARY PATROLMAN AND PATROLMAN IN THE POLICE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR Page 9 May 16, 2023 YEAR 2023 & ALSO TO PROVIDE MEMBERS OF THE POLICE DEPARTMENT WITH A ONE-TIME BONUS FOR 2023 WHEREAS, on or about April 2022, the City and the Fraternal Order of Police Local #75 entered into a contract entitled “Contract for 2022-2024 between the City of Michigan City, Indiana and the Fraternal Order of Police #75” (“the Contract”) that governs the working relationship between the parties and also sets forth the salaries and wages for members of the Michigan City Police Department; and WHEREAS, pursuant to IC 36-8-3-3, the 2023 salaries for the Police Department were previously set by Ordinance No. 4653 entitled “An Ordinance Establishing Salaries for the Police Department of the City of Michigan City for the Calendar Year 2023” passed by the Common Council on October 4, 2022 and signed into effect by the Mayor on October 5, 2022; and WHEREAS, the City has recently approved a Second Amendment to the Contract and as such, the need now exists to amend Ordinance No. 4653 to increase the base wages for the positions of Probationary Patrolman and Patrolman for 2023; and WHEREAS, the City Controller has advised that an additional appropriation is needed in the budget of the Public Safety LIT to fund the increase in salaries for the rank of Probationary Patrolman and Patrolman (1-2 years) and the one-time 2023 bonus for all members of Fraternal Order of Police #75, and the Common Council has adopted the additional appropriation ordinance necessary to fund this Ordinance. NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that: Section 1. Consistent with the terms and conditions of the Second Amendment to the 2022-2024 Contract Between the City of Michigan City, Indiana & the Fraternal Order of Police Local #75, the annual salaries for the rank of Probationary Patrolman and Patrolman (1-2 years) for the year 2023 shall be set as follows: Informational Bi-Weekly (2023 Annualized) Patrolman (1-2 years) $2,175.38 $56,560.00 Probationary Patrolman $2,057.69 $53,500.00 Section 2. Said amendments to the base salaries for the aforementioned positions shall take effect the first payroll after passage of this Ordinance. Section 3. In addition, consistent with the terms and conditions of the Second Amendment to the 2022-2024 Contract Between the City of Michigan City, Indiana & the Fraternal Order of Police Local #75, members of the Michigan City Police Department shall be entitled to one-time bonus for 2023 in the amount of Seven Thousand Dollars ($7,000.00). Section 4. All other terms of Ordinance No. 4653 not in conflict herein shall remain in full force and effect. This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Sean Fitzpatrick, Member Michigan City Common Council INTRODUCED BY: /s/ Paul Przybylinski, Member Michigan City Common Council INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council Page 10 May 16, 2023 President Fitzpatrick asked if any of the authors had anything to add at this time. Councilman P. Przybylinski stated that when the negotiations started, he made a commitment that they were going to stay that evening until they reached a settlement/agreement and that is just what we did for over four hours, but we came to an agreement and showed everyone how to bargain and get the job done. President Fitzpatrick asked if there were any comments or questions from the public, there was no response. President Fitzpatrick asked if there were any comments from the council at this time. Councilman Dabney questioned Chief Corley about how many people that left the department are talking about coming back to our MCPD; advising there is one (1) officer that left in November and is a lateral transfer that he will be sworn in on May 31, 2023. Discussion ensued between Chief Corley, President Fitzpatrick, and Council members P. Przybylinski, Tillman, and Mack regarding the new salary, the benefit package that is being offered along with the longevity that most surrounding communities don’t offer and that we should be looking at the entire package that both Fire and Police are offering now. Councilman P. Przybylinski made a motion to adopt the proposed ordinance, second by Councilman D. Przybylinski; the motion carried, and the proposed ordinance was approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack D. Przybylinski, and Simmons (8) NAYS: Council member (0). 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 PROVIDE THE POLICE CHIEFS AND THE FIRE CHIEFS THE SAME ONE-TIME BONUS IN 2023 AS THEIR RESPECTIVE UNION Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if the authors had anything to add at this time. Councilman P. Przybylinski is looking forward to our chiefs to get out and recruit firefighters and patrolmen that want to stay and make a future in the city of Michigan City and was glad to hear about a lateral transfer at the police department. President Fitzpatrick asked if there were any questions or comments from the Council. Councilman D. Przybylinski made a motion to have third reading this evening, second by Councilman P. Przybylinski; 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 D. Przybylinski, Simmons and Zygas (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4682 Page 11 May 16, 2023 AMENDING ORDINANCE NO. 4650 COMMONLY KNOWN AS THE “2023 SALARY ORDINANCE” TO PROVIDE THE POLICE CHIEFS AND THE FIRE CHIEFS THE SAME ONE-TIME BONUS IN 2023 AS THEIR RESPECTIVE UNION WHEREAS, on October 4, 2022, the Michigan City Common Council enacted and on October 5, 2022, the Mayor signed Ordinance No. 4650, which established the salaries and wages for appointed officials and employees for the year 2023; and WHEREAS, the Michigan City Labor Relations Committee has recently met with the negotiating teams of both the Fraternal Order of Police Lodge #75 and Michigan City Firefighters Local #475; and WHEREAS, as a result of the union negotiations, the parties negotiated that all members of the Michigan City Firefighters Local #475 would receive a one-time bonus in 2023 of Six Thousand Five Hundred Dollars ($6,500.00) and all members of the Fraternal Order of Police Lodge #75 would receive a one-time bonus in 2023 of Seven Thousand Dollars ($7,000.00); and WHEREAS, the positions of Fire Chiefs and the Police Chiefs are specifically excluded from the union contracts because they are administrative policymaking positions, however, the Common Council reasonably believes that the Michigan City Police and Fire Chiefs should receive the same one-time bonus in 2023 as their respective union. WHEREAS, the City Controller has advised that an additional appropriation is needed in the budget of the Public Safety LIT to fund the one-time 2023 bonus for the Fire Chiefs and the Police Chiefs, and the Common Council has adopted the additional appropriation ordinance necessary to fund this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, as follows: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. Section 9.5 shall be added to Ordinance No. 4650 and shall read as follows: For purposes of 2023, the Fire Chief and Deputy Fire Chiefs shall receive a one-time bonus of Six Thousand Five Hundred Dollars ($6,500.00), and the Police Chief and Deputy Police Chiefs shall receive a one-time bonus of Seven Thousand Dollars ($7,000.00.) If for any reason a Chief or Deputy Chief should return to their last held rank in their respective department in the calendar year 2023, so long as he/she has received his/hers one-time bonus as a Chief or Deputy Chief, he/she would not also be entitled to another one-time bonus because he/she has returned to rank. In addition, if any member of the Michigan City Police or Fire Department would be promoted to the rank of Chief or Deputy Chief in 2023 and have already received the one-time bonus before they were promoted, said member shall not be entitled to an additional one-time bonus in 2023 as a Chief or Deputy Chief. 3. All other provisions of Ordinance No. 4650 not in conflict with this Ordinance shall remain in full force and effect. This Ordinance is 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/ Sean Fitzpatrick, President Michigan City Common Council INTRODUCED BY: /s/ Paul Przybylinski, Member Michigan City Common Council Page 12 May 16, 2023 President Fitzpatrick asked if either of the authors had anything to add at this time, there was no response. President Fitzpatrick asked if there was any questions or comments from the public. Tommy Kulavik, 1316 Ohio Street, thanked the council for working with the police and fire departments coming to an agreement during negotiations with a great contract and wage increase. 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 P. Przybylinski; the motion carried, and the ordinance was approved by the following vote: AYES: Council members Tillman, Dabney, Fitzpatrick, Mack D. Przybylinski, Simmons, Zygas, and P. Przybylinski (8) NAYS: Council member (0). 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 CREATE THE POSITION OF PART-TIME ANIMAL CONTROL OFFICER(S) Introduced by: Don Przybylinski Angie Nelson Deuitch Paul Przybylinski President Fitzpatrick asked if any of the authors had anything to add at this time. Councilman D. Przybylinski advised that MCPD Asst Chief Cooney was present at our last meeting and that the Animal Control Department is in dire need of an assistant to their department, along with additional part-time help; that Jackie Euler, Director of that department slipped, fell and broke her ankle at the city kennel and has been unable to work and that the kennels are at full capacity; having to pay overtime to officers to help keep up with the duties daily. President Fitzpatrick asked if there were any comments from the public, there was no response. President Fitzpatrick asked if the Council had any comments. Councilman D. Przybylinski made a motion to have third reading this evening, second by Councilman P. Przybylinski; the motion carried and was approved to have third reading this evening by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack D. Przybylinski, Simmons, Zygas, P. Przybylinski, and Tillman (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4683 AMENDING ORDINANCE NO. 4650 COMMONLY KNOWN AS THE “2023 SALARY ORDINANCE” TO CREATE THE POSITION OF PART-TIME ANIMAL CONTROL OFFICER(S) WHEREAS, on October 4, 2022, the Michigan City Common Council enacted and on October 5, 2022, the Mayor signed Ordinance No. 4650, which established the salaries and Page 13 May 16, 2023 wages for appointed officials and employees for the year 2023, which included various City boards and commissions; and WHEREAS, the Michigan City Police Department (MCPD) oversees the Michigan City Animal Control Department, and the MCPD believes the need exists to create the position of part-time animal control officer(s) in the 2023 Salary Ordinance; and WHEREAS, MCPD would intend to hire approximately two to three (2-3) part-time animal control officers if this Ordinance is adopted; and WHEREAS, the City Controller has advised that sufficient funds exist in the budget of the MCPD to fund the creation of the position of part-time animal control officer(s) and to fund the hiring of approximately two to three (2-3) part-time animal control officers if this Ordinance is adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte County, Indiana, as follows: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. “Part-Time Animal Control Officer(s) shall be created in Section 1 of Ordinance No. 4650, under the Police Department and shall read as follows: Hourly Rate of Pay Part-Time Animal Control Officer $18.18 hour 3. All other provisions of Ordinance No. 4650 not in conflict with this Ordinance shall remain in full force and effect. This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council INTRODUCED BY: /s/ Angie Nelson Deuitch, Member Michigan City Common Council INTRODUCED BY: /s/ Paul Przybylinski, Member Michigan City Common Council President Fitzpatrick asked the authors had anything to add, there was no response. President Fitzpatrick asked if anyone from the public had anything to add at this time, there was no response. President Fitzpatrick asked if the Council had anything to add at this time. Councilman D. Przybylinski made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, the motion carried and was approved by the following vote: AYES: Council members Fitzpatrick, Mack D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, and Dabney (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE MAINTENANCE DEPARTMENT OF THE PARK AND RECREATION FUND FOR REPLACEMENT OF FENCING AT PATRIOT PARK Page 14 May 16, 2023 Introduced by: Bryant Dabney (DECREASE Park & Recreation Fund 2204 Unappropriated balance $37,600.00 INCREASE ACCOUNT#2204.505.444.050 $37,600.00 Capital Outlay – Improvements Other than Buildings) President Fitzpatrick stated that there will be a formal public hearing this evening. President Fitzpatrick asked the author if he had anything to add, there was no response. President Fitzpatrick opened the formal public hearing (repeating three times) asking “Is there anyone from the public that wished to speak at this time, there was no response, and the public hearing was closed. President Fitzpatrick asked if there were any comments from the Council. Councilman D. Przybylinski made a motion to have third reading this evening, second by Councilman Dabney; the motion carried and was approved to have third reading on the proposed ordinance by the following vote: AYES: Council members Mack D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, and Fitzpatrick (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4684 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE MAINTENANCE DEPARTMENT OF THE PARK AND RECREATION FUND FOR REPLACEMENT OF FENCING AT PATRIOT PARK 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 2023 Annual Budget to replace fencing at Patriot Park, and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Maintenance Department of the Park & Recreation Fund #2204 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 Park & Recreation Fund 2204 Unappropriated balance $37,600.00 INCREASE ACCOUNT#2204.505.444.050 $37,600.00 Capital Outlay – Improvements Other than buildings TOTAL FOR FUND $37,600.00 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. Page 15 May 16, 2023 INTRODUCED BY: /s/ Bryant Dabney, Member Michigan City Common Council President Fitzpatrick asked if the author had anything to add, there was no response. President Fitzpatrick asked if there were any comments or questions 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 the proposed ordinance was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE MAINTENANCE DEPARTMENT OF THE PARK AND RECREATION FUND FOR REPAIRS AT SUNSET GRILLE Introduced by: Bryant Dabney (DECREASE Park & Recreation Fund 2204 Unappropriated balance $65,000.00 INCREASE ACCOUNT#2204.505.436.010 $65,000.00 Other Services and Charges – Bldg Repairs) President Fitzpatrick stated that there will be formal public hearing this evening. President Fitzpatrick asked if there were any comments from the author, there was no response. President Fitzpatrick opened the formal public hearing (repeating three times) asking “If anyone had any comments at this time”, there was no response, and the public hearing was closed. President Fitzpatrick asked if there were any questions or comments from the council. Councilman Dabney made a motion to also have third reading this evening, second by Councilman Simmons; the motion carried and was approved to have third reading this evening by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, and D. Przybylinski (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4685 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE MAINTENANCE DEPARTMENT OF THE PARK AND RECREATION FUND FOR REPAIRS AT SUNSET GRILLE 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 2023 Annual Budget to make repairs to the railing at the Sunset Grille, and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Maintenance Department of the Park & Recreation Fund #2204 to be appropriated for that purpose. Page 16 May 16, 2023 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 Park & Recreation Fund 2204 Unappropriated balance $65,000.00 INCREASE ACCOUNT#2204.505.436.010 $65,000.00 Other Services and Charges – Bldg Repairs TOTAL FOR FUND $65,000.00 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 President Fitzpatrick asked if the author had anything to add at this time, there was no response. President Fitzpatrick asked if the public had any questions or comments, there was no response. President Fitzpatrick asked if the Council had any comments. Councilman Dabney made a motion to approve the proposed ordinance, second by Councilman D. Przybylinski; the motion carried, and the proposed ordinance was approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, D. Przybylinski, and Simmons (8) NAYS: Council member (0). The Clerk read the following proposed ordinance on third reading by title only. CREATING ARTICLE 10 IN CHAPTER 22 ENTITLED “RENTAL INSPECTION PROGRAM” INTRODUCED BY: Dalia Zygas Councilwoman Zygas stated that we have been working on this proposed ordinance to make sure everything is what we all want it to be is correct; advising that she just met recently with code enforcement and other entities have come in with additional factors for this ordinance, and additional changes and modifications; making a motion to waive the rules to be able to make amendments on third reading, second by Councilman Dabney; the motion carried and was approved to be able to make amendments on third reading by the following vote: AYES: Council members Dabney, Mack, D. Przybylinski, Simmons and Zygas (5) NAYS: Council members P. Przybylinski, Tillman and Fitzpatrick (3). Councilwoman Zygas made a motion to TABLE the proposed ordinance on third reading until the July 5, 2023 Council meeting, second by Councilman Simmons; the motion carried and was approved to TABLE this ordinance until July 5, 2023 by the following vote: AYES: Council members Dabney, Mack, D. Przybylinski, Simmons and Zygas (5) NAYS: Council members Tillman, Fitzpatrick, and P. Przybylinski (3). NOTE: Councilman P. Przybylinski called for a five (5) minute recess. Page 17 May 16, 2023 The Clerk read the following proposed ordinance on third 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 there were anything the author would like to add at this time, there was no response. President Fitzpatrick asked if anyone from the public had any comments, there was no response. President Fitzpatrick asked if the Council had any questions or comments. Councilman Dabney commented that the language states that this brick street repair fund should be utilized only for the repair and maintenance of brick street, which are not physically situated within the boundaries of a TIF District; stating several examples of streets within the city which means none of these funds would be able to be used in the North TIF area. President Fitzpatrick called a “Point of Order” stating that there wasn’t an amendment by substitution to this proposed ordinance made this evening. Councilman P. Przybylinski addressed the council regarding the amendments being proposed to this ordinance and made a motion to approve the following proposed amended ordinance by substitution, second by Councilman D. Przybylinski; the motion carried and was approved to amend by substitution by the following vote: AYES: Council members Fitzpatrick, D. Przybylinski, Simmons, P. Przybylinski, and Tillman (5) NAYS: Council members Dabney, Mack, and Zygas (3). Councilwoman Tillman wanted to state for the record that this ordinance doesn’t have anything in it regarding the TIF District; but the following proposed ordinance does. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4686 AN ORDINANCE CREATING SECTION 86-6.5 IN CHAPTER 86, ARTICLE I OF THE MICHIGAN CITY MUNICIAPAL CODE, TO ESTABLISH A FUND FOR SPECIFIC MAINTENANCE AND REPAIR OF BRICK STREETS WITHIN THE CITY OF MICHIGAN CITY, INDIANA WHEREAS, in 1980, the City of Michigan City established Ordinance No. 2645 to preserve certain brick streets within the corporate boundaries of the City; and WHEREAS, the Ordinance was passed by the Michigan City Common Council creating Michigan City Code of Ordinance Section 86-6 for the preservation of brick streets along Ann Street, Charles Street, Ripley Street, William Street and York Street; and WHEREAS, in 2005, the City of Michigan City passed Ordinance No. 3966 which made amendments to Michigan City Code Section 86-6 establishing a public hearing for any proposed construction along the designated preserved streets; and WHEREAS, due to the unique and historic nature of these streets, the City of Michigan City has taken steps toward maintaining their unique and historic character; and WHEREAS, from time to time, it becomes necessary to repair streets and roads within the City of Michigan City due to normal wear and tear of use and age; and Page 18 May 16, 2023 WHEREAS, due to the unique and historic nature of the above referenced streets, the City of Michigan City sees the priority in ensuring that these streets are maintained in a non- discretionary manner; and WHEREAS, to ensure them as a priority, it is necessary to establish a permanent fund solely for the maintenance and repair of these streets; and WHEREAS, it is determined that fund should be funded annually with $250,000 until such time as the fund reaches $1,000,000.00; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that: 1. The City Controller is authorized to create a fund, to be entitled the Permanent Brick Street Repair Fund, which is to be a permanent, restricted, non-reverting fund. 2. The City Controller is requested to appropriate $250,000.00 from the Riverboat Fund into the Permanent Brick Street Repair Fund. No Motor Vehicle Highway funding shall be utilized in this appropriation. Further, the operation of this Ordinance shall not reduce any appropriation of Motor Vehicle Highway funding to any other purpose or department within the City. 3. The Permanent Brick Street Repair Fund shall be utilized only for the repair and maintenance of brick streets which are not physically situated within the boundaries of a TIF District. 4. The Permanent Brick Street Repair Fund shall only be used for the maintenance and repair of the streets governed by Michigan City Code of Ordinances Section 86-6, and shall be utilized for no other purpose at any time during its existence. 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/ Paul A. Przybylinski, Member Councilman D. Przybylinski addressed the Council stating several reasons why Councilman P. Przybylinski is bringing this ordinance to the table and that he agrees with him that several of our brick streets are over hundred years old and need repairs/maintenance to them. Councilwoman Zygas stated there are several bricks street in our community and agree they need to be maintained; advising that what she doesn’t like is that this document is excluding using these funds in any of the TIF districts and Redevelopment monies are not used for repairs or maintenance to streets. Councilman Dabney stated this is the same issue he has with this ordinance is that it is excluding certain brick street that are in TIF areas and not being able to use these funds; advising this would be forcing the Redevelopment Commission to redo brick streets due to not being able to use these funds if the streets are in the TIF area. Councilman Mack commended Councilman P. Przybylinski for putting this out there and that he agrees with the maintenance/repair of brick streets; but doesn’t agree that these funds can’t be used in the TIF areas and locking these funds to just sidewalks and bricks he can’t support this. Councilman P. Przybylinski advised that the point being is why this legislation is here is due to what happened this year, that the money was taken out of the fund and used in the north end two way conversion project; asking what the TIF District plan is for the future and that this is a plan that there will be funds that will be used to repair and maintain sidewalks and won’t be taken away but used in our neighborhoods. Page 19 May 16, 2023 Councilman P. Przybylinski made motion to approve the proposed resolution, second by Council D. Przybylinski; the motion carried, and the proposed resolution was approved by the following vote: AYES: Council members Fitzpatrick, D. Przybylinski, Simmons, P. Przybylinski, and Tillman (5) NAYS: Council members Zygas, Dabney, and Mack (3). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4687 AN ORDINANCE CREATING SECTION 86-8 IN CHAPTER 86, ARTICLE I OF THE MICHIGAN CITY MUNICIPAL CODE, TO ESTABLISH A PERMANENT SIDEWALK FUND AND PROGRAM FOR SIDEWALK REPAIRS FOR THE CITY OF MICHIGAN CITY, INDIANA WHEREAS, after a study conducted by the United States Department of Transportation, sidewalks were found to be the best and preferred method for accommodating pedestrian traffic within cities; and WHEREAS, numerous additional studies have found that sidewalks directly increase how safe one feels within their neighborhood as well as their associated quality of life within their neighborhood; and WHEREAS, it has been determined that the presence of fully functional sidewalks increase the quality of life for those within the municipal boundaries of the City of Michigan City, Indiana and WHEREAS, in recognition of that increase in quality of life, the City has consistently requested that sidewalks be a part of the development plan for those doing development within the City of Michigan City; and WHEREAS, in recognition that sidewalks serve as vital infrastructure within the City, it is determined to be within the best interest of the City to establish a permanent fund to maintain and repair those sidewalks not in a TIF district; and WHEREAS, in the interest of transparency and ensuring the maximum positive impact of this initiative, it is the preference of the Common Council that the listing and prioritization of sidewalks slated for repair within the City be made viewable and accessible to the public; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that: 1. The City Controller is authorized to create a fund, to be entitled the Permanent Sidewalk Repair Fund, which is to be a permanent, non-reverting, restricted fund. 2. The City Controller is requested to appropriate $200,000.00 from the Riverboat Fund into the Permanent Sidewalk Repair Fund. 3. The fund shall only be used for the maintenance and repair of the sidewalks of those locations not currently within a TIF district. 4. The listing of sidewalks slated for repair shall be maintained in order of relative priority for repairs. An updated copy of said listing shall be maintained by the City Planner and City Engineer and shall also be made available at the Office of the City Clerk. 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. Page 20 May 16, 2023 INTRODUCED BY: /s/ Paul A. Przybylinski, Member /s/ Tracie Tillman, Member /s/ Don Przybylinski, Member Angie Nelson Deuitch, Member /s/Sean Fitzpatrick, Member President Fitzpatrick asked if any of the authors had anything to add. Councilman P. Przybylinski made a motion to adopt by substitution the above amended ordinance, second by Councilwoman Tillman; the motion carried, and the proposed ordinance was approved to amend by substitution by the following vote: AYES: Council members D. Przybylinski, Simmons, P. Przybylinski, Tillman, and Fitzpatrick (5) NAYS: Council members Mack, Zygas, and Dabney (3). President Fitzpatrick asked if anyone from the public had any questions or comments on the proposed amended ordinance, there was no response. President Fitzpatrick asked if the Council had anything to add at this time. Councilman D. Przybylinski commented on the amount of sidewalk repairs, maintenance, and sidewalks to be placed that have busy foot traffic and sidewalks were never placed; advising that he turned in a list of sidewalks to the past city engineer that needed repaired, replaced or maintenance done to them with nothing being done in over three years and won’t be getting done this year. Councilman Dabney understands the frustration about getting sidewalks done, but looking at this proposed ordinance it is excluding the sidewalks in the TIF districts which he is against; stating several of the streets he is talking about located in the TIF districts. Councilwoman Tillman commented on the proposed ordinance advising that representing the Fifth Ward and speaking for her constituents that she also turned in a list, went around to residents regarding repairs to sidewalks, took pictures and nothing has been done to date; advising the parking along Michigan Boulevard needs to be put back in place for customers to park, that there isn’t enough parking spaces; stating this council knows where these different funds are supposed to be spent; advising the TIF funds can be used for maintenance of sidewalks, that she is in support of this ordinance. Councilman Mack advised that he also road the west side with the past engineer hoping that something would have been done and it hasn’t, commenting on sidewalks that need to be placed in busy areas for pedestrians to walk with them either walking in the streets or in the weeds along the road/streets, but funds should not be lock in one fund for just sidewalk projects. Councilwoman Zygas agrees that we need sidewalk, repairs, replacements, and maintenance stating that she is against these funds not being able to use in any TIF district; advising that she won’t be supporting this ordinance. Councilman P. Przybylinski stated that he listened to everyone’s opinion; advising that this legislation is here because of exactly what happened this year, the money in the sidewalk fund is being proposed to use it for the two-way conversion project in the art district leaving a zero balance and there are no plans to do any sidewalk projects this year. Councilman P. Przybylinski made a motion to approve the proposed amended ordinance, second by Councilwoman Tillman; the motion carried and was approved by the following vote: AYES: Council members Simmons, P. Przybylinski, Tillman, Fitzpatrick, and D. Przybylinski (5) NAYS: Council members Zygas, Dabney, and Mack (3). Page 21 May 16, 2023 The Clerk read the following proposed ordinance 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 Don Przybylinski President Fitzpatrick asked if anyone had anything to add at this time. Councilman P. Przybylinski made a motion to TABLE this proposed ordinance until the June 6, 2023 Council meeting, second by Councilman D. Przybylinski; the motion carried and was approved to TABLE this ordinance until the June 6, 2023 Council meeting by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Mack, Fitzpatrick, D. Przybylinski and Simmons (8) NAYS: Council members none (0). NEW BUSINESS There was no unfinished business. UNFINISHED BUSINESS NOMINATIONS: Vice President D. Przybylinski stated the Council has the following appointment to the Michigan City Social Status of African American Males (term expired February 15, 2023 and is a one (1) year term) Incumbent: vacant - Ministerial Assoc. NOMINATIONS: President Fitzpatrick stated the Council has one appointment to the Economic Development Revolving Loan Committee (term expires June 9, 2023) Incumbent: James Strzelecki Clerk Neulieb advised President Fitzpatrick that the Clerk‘s Office received on application from Mr. James Strzelecki. President Fitzpatrick opened nominations (repeating three times) asking “is there anyone that would like to make a nomination at this time.” Councilman D. Przybylinski nominated Mr. James Strzelecki; the nomination was second by Councilman P. Przybylinski. President Fitzpatrick asked (repeating three times) “if there were any other nominations at this time”, there was no response and nominations were closed. Councilman D. Przybylinski commented on why he nominated Mr. Strzelecki who is the owner of St. Andrews Products and that this is a re-appointment. Mr. Strzelecki was appointed to the Economic Development Revolving Loan Committee by the following vote: AYES: Council members P. Przybylinski, Tillman, Dabney, Mack, Fitzpatrick, D. Przybylinski, Simmons and Zygas (8) NAYS: Council members none (0). COMMENTS FROM THE PUBLIC Page 22 May 16, 2023 President Fitzpatrick asked if there were any comments from the public advising there is three-minute limit to speak. Kathy Stransky, 223 Barker Avenue, questioned when a resident connects to the city sewers from Michiana Shores do they have to pay a sewer bill every month, like we do in Michigan City. President Fitzpatrick advised that they do. Ernie Hallihan, 302 Glady Street questioned why the ordinance regarding the rental/landlord ordinance; stating that he feels this is being drug out too long. Tommy Kulavik, 1316 Ohio Street congratulated the Michigan City Marquette High School and Michigan City High School class of 2023 graduating this weekend; advising that his daughter Mariana Kane being the 2023 Valedictorian. MCFD Fire Marshall Jeff Bruder and Brian Gonzalos MCFD firefighter commented on the workshop yesterday regarding the purchase of a new aerial fire truck they are wanting to purchase as soon as possible and is available; advising that the MCFD TRex aerial is down and will be out of service for at least six (6) months; that there are decisions that need to be made and wanted to share this information regarding the status of the TRex, the cost of a new aerial. President Fitzpatrick advised Deb Vance that there hasn’t been a definite date on the rental ordinance to date. Lorraine Rasmussen, Buffalo Street, addressed the Council to explain what may have been perceived by her some racial/discriminatory comments at the last meeting on May 3, 2023; reading a statement she wrote about tenants and landlords of Michigan City what they invest and what is going to happen to our city if there is no affordable housing or rentals for residents that live here now. President Fitzpatrick asked if there were anyone else from the public that had any questions or comments, there was no response and public comments were closed. COMMENTS FROM THE COUNCIL President Fitzpatrick asked if there were any other comments from the Council at this time. Councilwoman Tillman commented on two situations that happened to her and want everyone in Michigan City to be aware of the happenings she experienced, one took place at her back door that was open and the other incident in the alley behind her home; alerting everyone to be aware of their surroundings of what and who is going on in their neighbors hoods; advising that she did check at the controller’s office to see if NIPSCO came to the BOW to be permitted to canvas in our community, which they had not. Councilwoman Zygas advised some of the reasons that she TABLED the Rental Inspection proposed ordinance and why she is having another workshop is to review and discuss amendments that were suggested to the resent proposed ordinance; and that she is hoping to schedule this workshop for June 28, 2023 at 5:30 p.m. here at city hall. Councilwoman Zygas stated that she was shocked and very disappointed that the people here who followed every single rule regarding the sewer connect that was brought to the council this evening, then we TABLED it, there time constraints; stating that this is embarrassing. Page 23 May 16, 2023 Councilman P. Przybylinski addressed the comments made by Councilwoman Zygas regarding the tabling of the resolution connecting city utilities; that she should not be impeaching another council members opinion. Councilman P. Przybylinski agreed with Council D. Przybylinski advising it was tabled due to the language not in the document stating that the city is not responsible for any cost connecting to this project and that it should be added to the policy in the future. Councilman P. Przybylinski thanked his colleagues for approving the brick and sidewalk ordinances creating funds, stating that we have done something good for our neighborhoods in Michigan City. Councilman P. Przybylinski commented on the Fire Committee meeting they attended early receiving a presentation about the truck they are proposing to purchase, trucks they feel they will need in the near future and discussed the importance of equipment needed at their department due to our city moving forward in high rise buildings coming to our community; advising that there hasn’t been a sequence if there was equipment in over ten years and that with the LIT monies we should be able to move forward and have a plan; and that we need to move forward with the Purchase Order approved to be able to get the truck that will be delivered in approximately three (3) months. President Fitzpatrick advised Councilwoman Tillman that the “Special Meeting” will be scheduled to vote on the proposed additional appropriation for $2,000,000.00 needed to move forward and get the truck that can be delivered in three months and establish what fund this monies is coming from. Councilman D. Przybylinski commented on how out of town drivers are driving on our city streets; speeding, running “Stop” signs, texting and driving, and running red lights, that everyone needs to keep their eyes and ears open when driving regarding other drivers not familiar with our city streets and neighborhoods; be safe! Councilman D. Przybylinski stated that Pat from the Park Department is present and that he spoke with him and Mr. Shinn about the horseshoe pit that you can play there with the fence being in very bad shape, wanting to thank them for their pro-active work replacing the fence; that it looks amazing. President Fitzpatrick acknowledge that Councilwoman Tillman received a national recognition from the “Eastern Intergovernmental Child Support Association, the Recognition Committee selected Councilwoman as the recipient; that her staff wrote a letter on her behalf, and it was selected. President Fitzpatrick congratulated all 2023 graduates, wishing them the best. President Fitzpatrick wanted to say to everybody who is probably medium to lower income, to get your money up or move out of Michigan City, because Michigan City is hanging a big “get out” sign on it that it’s packaged as a rental inspection ordinance. Councilman P. Przybylinski said “Happy Birthday” to his son Nate!!! 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 8:55 p.m.) _______________________________ Gale A. Neulieb, City Clerk Page 24 May 16, 2023