City Council

Page 1 June 6, 2023 REGULAR “HYBRID/ZOOM” MEETING June 6, 2023 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, June 6, 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 Sean Fitzpatrick, Angie Nelson Deuitch, Don Przybylinski, Paul Przybylinski, Gene Simmons, Dalia Zygas, and Tracie Tillman (7). ABSENT: COUNCIL MEMBERS Bryant Dabney and Michael Mack (2). NOTE: President Fitzpatrick stated the Councilman Mack and Councilman Dabney will not be present this evening and are excused. 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 were held on May 16, 2023 and the “Special” Council meeting held on May 24, 2023. Councilman D. Przybylinski made a motion to approve the minutes of the Regular “Hybrid/Zoom” meeting that was held on May 16, 2023 and the “Special” Council meeting held on May 24, 2023; second by Councilman P. Przybylinski. The motion carried and the minutes were approved from the May 16, 2023 Regular Council meeting and the “Special” Council meeting held on May 24, 2023; by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, and Fitzpatrick (7) NAYS: Council member None (0) REPORTS of STANDING COMMITTEES President Fitzpatrick asked if there were any standing committee reports. Councilman D. Przybylinski stated as the liaison for the Human Rights Commission he wanted to report that they had their monthly meeting discussing that the Pride Festival that will take place on June 17, 2023 in Fedder’s Alley. President Fitzpatrick asked if there were any other standing committee reports, there was no response. FINANCE REPORT Page 2 June 6, 2023 President Fitzpatrick asked if there were any reports from the Finance Committee. Councilwoman Tracie Tillman stated that the Finance Committee did meet on this evening and will approve the following claims from Riverboat No. 2235 in the amount of $24,700.00; Riverboat EFT No. 2235 were $0.00; Boyd Development Fund No. 2504 were $0.00 for a total amount of $24,700.00 for Freidman and Associates ($4,390.00), Hitchcock Designs Group ($13,875.00), and LaPorte Chrysler Inc. ($6,435.00) for a total amount of $24,700.00. The City of Michigan City Riverboat Statement of Cash Position for the fiscal year to date June 6, 2023 ending balance $6,944,502.00 CLAIMS DOCKET President Fitzpatrick read the following Riverboat/Boyd Development Claims Fund for June 6, 2023 June 6, 2023 Fund #2235 – Riverboat – Claims - $ 24,700.00 EFT $ 00.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 24,700.00 President Fitzpatrick asked if there was a motion to approve the claims for June 6, 2023 in the total amount of $24,700.00. Councilman P. Przybylinski made a motion to approve the Riverboat/Boyd Claim Docket for June 6, 2023 in the total amount of $24,700.00, second by Councilwoman Deuitch; the motion carried and was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, Fitzpatrick, and Deuitch (7) NAYS: Council member None (0). REPORTS FROM BOARDS AND COMMISSION President Fitzpatrick asked if there were any reports from any boards or commissions. Councilwoman Deuitch addressed the Council stating that the Fire Merit Commission will be having a workshop to discuss some of the amendments to their ordinance on age requirements for new firefighters that has been changed at the state level to 40 years old. 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 Legault reported the MCFD incidents for the month of May, 2023 that there were 418 incident calls, 12 fires, 4 structure fires, 1 vehicle fire, 5 nature vegetation fire, 1 outside rubbish fire, 1 special outside fire, 338 rescue & emergency medical service, 18 rescue EMS calls, 292 medical assist, 27 emergency medical service EMS, 1 extrication rescue, 8 hazardous condition, 7 combustible/flammable spills & leaks, 1 electrical Page 3 June 6, 2023 wiring/equipment problem, 1 short circuit (wiring) defective/worn, 7 service calls, and 2 public service assistance. PETITIONS President Fitzpatrick asked the Clerk if there were any petitions. Clerk Neulieb stated the following petitions were received in the Clerk’s office on May 16, 2023 Petition of WP21, LLC to the Michigan City Common Council to vacate a Portion of public streets and alleyways in the City of Michigan City located north of Washington Boulevard, South of Jake Lane, and East of Loran Road Attorney Dan Granquist, representing WP21, LLC owner of the development off Washington Park Boulevard which the Plan Commission has approved this subdivision to move forward; advising this is a petition to simply clean up some long-standing street issues in this subdivision that were plated back in 1872 and to update the legal description that has never been changed. Alexandrea Long 802 Washington Park Boulevard stated that she lives next to the property in question and that she received a letter advising that there was formal public hearing this evening to attend if they had any question; further explaining they have lived in their home for twenty years and have used this alleyway as their driveway for more than twenty (20) years; questioning what would be required of them if this property is vacated. Discussion ensued between Attorney Granquist, Shem Kahlil from Global Engineers and Council members Deuitch, D. Przybylinski P. Przybylinski regarding the use of the alleyway at 802 if approved, why it would be the best solution for this property and the subdivision that was plated in 1872, what communication with WP21 and the property owner at 802 Washington Park Boulevard besides the regular notification sent out to adjoining property owners, these are two individual subdivisions and where the public right-of-way they are requesting to vacate is. President Fitzpatrick asked if there were any other questions or comments regarding this matter. Skylar York, City Planner advised Attorney Harris the PUD was approved by the Council to set into motion the restrictive covenants are outlined as conservation easements and can never be changed unless it is brought back to the Planning Commission for approval and to the Council for their approval as well. The Clerk read the following petition that was received in the Clerk’s Office Petition of the Michigan City Redevelopment Commission to vacate a public alleyway in the City of Michigan City located in the city block bordered by Franklin Street, Pine Street, 11th Street, and 10th Street COMMUNICATIONS Correspondence was received in the Clerk’s Office on May 24, 2023 from Mayor Duane Parry advising that he vetoed the following Ordinance No.4686 “AN ORDINANCE CREATING SECTION 86-6.5 IN CHAPTER 86, ARTICLE 1 OF THE MICHIGAN CITY MUNICIPAL CODE TO ESTABLISH A FUND FOR SPECIFIC MAINTENANCE AND REPAIR OF BRICK STREETS WITHIN THE CITY OF MICHIGAN CITY, INDIANA Page 4 June 6, 2023 Councilman P. Przybylinski advised that the veto should be addressed this evening under “New Business” with President Fitzpatrick agreeing. President Fitzpatrick stated that there was a request to amend the agenda the proposed lateral ordinance on third reading to be heard at this time. Councilman P. Przybylinski made a motion to amend the agenda and have the proposed ordinance regarding lateral repairs read at this time, Councilwoman Tillman second the motion; President Fitzpatrick asked if there was any objection to amend the agenda, there was no response. The Clerk read the proposed ordinance on third 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 Don Przybylinski NOTE: This proposed ordinance was TABLED at the May 16, 2023 Council meeting until June 6, 2023 meeting. President Fitzpatrick asked if any of the authors had anything to add at this time. Councilman P. Przybylinski commented on the proposed amendments that were made the past two weeks, working with the Sanitation Departments Attorney Jim Meyer, Attorney Lapaich, Attorney Nick Snow Harris Law Firm, explaining what is being proposed and will a direct benefit to several residents in our city that are having issues. Councilwoman Deuitch stated that she will wait until public comment to speaks before she possibly will want to TABLE this for one more meeting; asking Attorney Harris clarification if it would okay to receive information to understand what the financial risk, the actual cost, what this program looks like going forward and that she doesn’t feel if there is an issue on city property a resident should have to pay for repairs. Councilman D. Przybylinski feels this is a very good ordinance, the only issue he has is what, if any, the funding is going to be to the city on an annual basis; advising that he spoke with Steve Sanford Assistant Superintendent of Sanitation, questioning the cost would be going back retroactive to 2019 from where we are at today. Mr. Sanford advised him he believe there were ten (10) hookups (2019 to 2023), with the cost of each approximately $10,000 and that he also said on the average they do are four (4) to six (6) lateral a year at the average of $10,000 making it $60,000 a year; commenting on the $250,000 annually coming out of the Riverboat Fund is excessive, that we should schedule a workshop to discuss and review what is being proposed President Fitzpatrick asked if there were any other comments from the sponsors, there was no response. President Fitzpatrick asked if there is any questions or comments from the public. Eileen O’Shea, 413 Pearl Street commented on the $250,000.00 is excessive and realizes this is a long process to get to the final document and they appreciate everything all the council member have done; but please also understand that $12,000.00 from one person is excessive; stating that there are so many repairs that are needed and have needed repairs for years putting the burden back on the residents. Page 5 June 6, 2023 President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if anyone from the Council had any comments or questions, there was no response. Discussion ensued between Councilman P. Przybylinski and Councilman D. Przybylinski regarding how many hookups that were done from 2019 to 2023 and how many were done on average annually is approximately ten (10), discussing the costs of lateral repairs, the funds being proposed, request the cost of an individual lateral repair from the Sanitary Department Superintendent, what amount that should be set for this program and why we should TABLE this proposed ordinance before moving forward. Councilwoman Deuitch asked Attorney Harris if he would get the actual figures that they have done completely and what the existing current pricing could be and what they anticipate is going to be annually; and that if we do have a workshop that everyone involved Sanitation Attorney Meyer, City Attorney, Controller, and Attorney Harris can be there. Attorney Harris recommended that before tabling this ordinance we adopt the proposed amended ordinance by substitution since there was several amendments made. Councilwoman Deuitch made a motion to approve the following proposed amended ordinance by substitution, second by Councilwoman Tillman. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO.____________ CREATING SECTION 98-252 IN CHAPTER 98, OF THE MICHIGAN CITY MUNICIPAL CODE, TO ESTABLISH A FUND FOR SUBSIDIZING PARTS OF CERTAIN SEWER LATERAL REPAIRS WITHIN THE CITY OF MICHIGAN CITY, INDIANA WHEREAS, pursuant to Section 98-223, landowners within the municipal boundaries of Michigan City, Indiana are required to connect to and use the public sewers via private laterals; and WHEREAS, the private laterals connected to the public sewers may run beneath City owned property, City easements or City right of ways; and WHEREAS, the private laterals connected to the public sewers running beneath City owned property, City easements or City right of ways may fail and leave the private lateral owner with the full responsibility for repair of the lateral; and WHEREAS, on August 10, 1978, the Michigan City Sanitary District approved a policy whereby the Sanitary District will pay a portion of the cost for that part of a lateral repair within the boundaries of City property, easements or right of ways; and WHEREAS, on August 29, 2019, through Resolution No. 1409-19, the Michigan City Sanitary District approved a policy whereby the Sanitary District would be financially responsible for one half of the cost for that part of a lateral repair within the boundaries of City property, easements, or right of ways; and WHEREAS, due to the circumstances and location of those laterals, the Michigan City Common Council finds that it is proper to fully defray the cost of repair for that part of those laterals that are situated beneath City owned property, City easements or City right of ways upon a resident applying for that funding. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, La Porte County, Indiana, that Sec. 98-252 is hereby created in the Michigan City Municipal Code and shall read as follows: Page 6 June 6, 2023 1. The City Controller is directed to create a fund, to be titled Sewer Lateral Repair – Public Property Fund, which is to be a permanent fund. 2. The City Controller is requested to take the necessary steps to transfer $250,000.00 from the Riverboat Fund to the Sewer Lateral Repair – Public Property Fund. 3. The Fund shall only be used to subsidize resident costs for private lateral repairs located within the boundaries of a City property, easement or right-of-way. 4. Subsidies from the Sewer Lateral Repair – Public Property Fund shall be made available to assist the owner of the private lateral in accordance with the following procedure: a. The owner of the private lateral shall select and engage a contractor to perform the necessary repairs. b. The contractor shall, in its cost estimates, plans and specifications for the repair, and invoices, clearly and conclusively indicate that portion of the cost of repairs which is attributable to a repair taking place within the boundaries of a City property, easement, or right-of-way, as is necessary for approval of the repair by the Michigan City Sanitary District. With the exception of subsection 5 below, all repairs and cost estimates must first be approved by the Michigan City Sanitary District before any work commences. c. Upon completion of the repair, the contractor shall invoice Michigan City Sanitary District for that portion of the cost of repairs which is attributable to that part of the repair taking place within the boundaries of a City property, easement, or right-of-way. d. The Michigan City Sanitary District shall pay directly to the contractor the one-half portion of the cost of repairs attributable to that part of a repair taking place within the boundaries of a City property, easement, or right-of-way, as it is obligated to pay pursuant to Michigan City Sanitary District Resolution No. 1409-19. e. The Michigan City Sanitary District shall requisition the City Controller for payment of the remaining one-half portion of the cost of repairs which is attributable to that part of a repair taking place within the boundaries of a City property, easement, or right-of-way, based upon the documentation submitted by the contractor. f. Upon receipt of this requisition and appropriate documentation from the Michigan City Sanitary District, the Controller shall release the requested payment from the Fund to the Michigan City Sanitary District, which payment shall be passed through to the contractor. 5. The subsidies approved and appropriated by operation of this Section shall be considered retroactive to August 29, 2019, based upon proof, through submission of documentation similar to that required by Sections 4(e) and (f) of thisSection, that the resident would have been entitled to payment of the subsidy had this Ordinance been in effect at that time. 6. The Michigan City Sanitary District shall, within sixty (60) days of the adoption of this Ordinance, produce records of all repairs which have taken place since August 29, 2019 in which the resident would have been entitled to payment of the subsidy had this Ordinance been in effect at that time. Said records shall be reviewed by the City Controller and, if deemed sufficient, the subsidies shall be paid to qualifying residents retroactively and shall be prioritized based on the date of the repairs, with the repairs most distant in time receiving the highest priority. 7. The Michigan City Sanitary District shall, within sixty (60) days of the adoption of this Ordinance, direct notice to all residents identified within the records produced pursuant to Section 6 of this Ordinance that they may be entitled to payment of the subsidy. 8. The subsidy payable to any resident pursuant to this Ordinance may not exceed $25,000.00 per qualifying sewer repair project. 9. The Sewer Lateral Repair – Public Property Fund may be replenished annually to a balance of $250,000.00, through an annual appropriation from the Riverboat Fund. The City’s responsibility for reimbursement under this Section shall at all times be limited to the monies appropriated for this purpose. 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. Page 7 June 6, 2023 INTRODUCED BY: Paul A. Przybylinski, Member Tracie Tillman, Member Angie Nelson Deuitch, Member Don Przybylinski, Member The motion carried and proposed amended ordinance by substitution was approved by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Tillman, Fitzpatrick, Deuitch and D. Przybylinski (7) NAYS: Council member None (0). Councilwoman Deuitch made a motion to TABLE the proposed amended ordinance until the June 20, 2023 Council meeting, second by Councilwoman Tillman; the motion carried and the proposed ordinance was TABLED until the June 20, 2023 Council meeting by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Fitzpatrick, Deuitch, D. Przybylinski, and Simmons (7) NAYS: Council member None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION 4883 RECONFIRMING & EXPANDING THE DESIGNATION OF THE ECONOMIC REVITALIZATION AREA WITHIN THE CITY OF MICHIGAN CITY AND EXTENDING THE LIFE OF SAID DESIGNATION THROUGH 2024 WHEREAS, IC. 6-1.1-12.1-1, et seq., provides that the Common Council is charged with the responsibility of finding whether a particular area of the City is an Economic Revitalization Area; and WHEREAS, on December 1, 1987, the Michigan City Common Council a d o p t e d Resolution #3199 entitled “ RESOLUTION CONFIRMING THE ADOPTION OF A PRELIMINARY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF MICHIGAN CITY AN ECONOMIC REVIT ALIZA TION AREA FOR PURPOSES OF REAL AND PERSONAL PROPERTY TAX;” and WHEREAS, in said Resolution, the Common Council found that the citizens of Michigan City will benefit from the creation of additional jobs, expansion of the property tax base, protection of private investment, and revitalization of those areas designated as an Economic Revitalization Area; and WHEREAS, the Common Council, pursuant to said Resolution No. 3199, acted to stimulate private redevelopment and development consistent with the laws of the State of Indiana and the City of Michigan City in ways which will provide new job opportunities for the City's residents and will have a positive impact on the local construction industry; and WHEREAS, on November 20, 2018, the Michigan City Common Council adopted and on November 26, 2018 the Mayor executed Resolution #4733 entitled “RECONFIRMING THE DESIGNATION OF AN ECONOMIC REVITALIZATION AREA AND EXTENDING THE LIFE OF SAID DESIGNATION FROM 2019-2022” which continued to extend the designation of the economic revitalization area as set forth in Resolution #3199 through December 31, 2022; and WHEREAS, following the passage of Resolution #4733, on December 4, 2018, the Common Council adopted Ordinance #4498 entitled “ANNEXING REAL ESTATE (approximately 426 acres) SITUATED BETWEEN MENKE ROAD, INTERSTATE I-94 AND US HIGHWAY 20, LAPORTE COUNTY, INDIANA, AND DECLARING SAME TO BE PART OF THE CITY OF MICHIGAN CITY, INDIANA; and WHEREAS, as a result of the Ordinance #4498, on April 20, 2021 the Common Page 8 June 6, 2023 Council adopted and on April 22, 2021, the Mayor executed Resolution #4806 entitled Expanding the Designation of the Economic Revitalization Area Within the City of Michigan City and Extending Availability of Tax Abatement Benefits as Permitted Thereunder, which included the land annexed by virtue of Ordinance #4498 into the City’s economic revitalization designation; and WHEREAS, since that time, additional land has been annexed into the City, and more specifically, on April 19, 2022, the Common Council adopted and on April 21, 2022 the Mayor executed Ordinance #4624 entitled Annexing Real Estate (approximately 147.2 acres) Situated Between Pahs Road, Johnson Road, and US Highway 20, in LaPorte County, Indiana, and Declaring Same to be Part of the City of Michigan City, Indiana (hereinafter referred to as ANNEXED AREA and a copy of the legal description of the ANNEXED AREA is attached hereto and incorporated herein as EXHIBIT 1); AND WHEREAS, the need now exists to reconfirm the designation of the economic revitalization area within the City, to include additional lands that have been annexed into the City, and also to extend the life of said designation through December 31, 2024; and WHEREAS, the Michigan Redevelopment Commission and the Michigan City Plan Commission have found that the reports, maps, charts and findings of the said Redevelopment Commission underlying the adoption of Resolution No. 3199 and subsequent Resolutions referred to herein, and more specifically, the basis for said continuation remains viable and relevant for continued designation and extension; and expanding the Economic Revitalization Area into the ANNEXED AREA would continue the benefits accruing to the citizens of Michigan City and would have a positive impact on economic development (A copy of the Resolution #2-2023 adopted on March 23, 2021 by the Michigan City Plan Commission is attached hereto and incorporated as EXHIBIT 2; and a copy of the Resolution #1-23 adopted on May 8, 2023 by the Michigan City Redevelopment Commission is attached hereto and incorporated as EXHIBIT 3.) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Michigan City, LaPorte County, Indiana, that: SECTION 1. That the matters and things recited in the preamble hereof are hereby adopted and made a part of this Resolution by incorporation and reference as if repeated in full. SECTION 2. That Michigan City Common Council finds that the City of Michigan City has benefitted from, and will continue to benefit from, the establishment, preservation, and expansion of the Economic Revitalization Area into the ANNEXED AREA and that the citizens of Michigan City will realize additional permanent jobs, expansion of the property tax base, protection of private investment and revitalization of those area which have been designated as undesirable for normal development and occupancy because of lack of development, cessation of growth, deterioration of improvements or character of occupancy age, obsolescence, substandard buildings or other factors which have impaired values or have prevented normal development or use of property. SECTION 3. That the Common Council hereby determines and finds that the additional number of individuals that may be employed or whose employment will be retained and the annual salaries of those individuals, and the additional value of redevelopment or rehabilitation as well as the reasonable cost of new manufacturing equipment, together with many other financial benefits, are benefits that can be reasonably expected to result from expanding the Economic Revitalization Area to include the ANNEXED AREA in EXHIBIT 1. SECTION 4. That the Common Council hereby accepts the Resolutions of the Michigan City Redevelopment C o m m i s s i o n a n d t h e M i c h i g a n C i t y P l a n C o m m i s s i o n that the reports, maps, charts and findings of the Michigan City Department of Redevelopment underlying the adoption of Resolution No. 3199 and the subsequent resolutions relating thereto have remained viable and accurate to this date and are, accordingly, hereby confirmed by the Common Council and the Common Council hereby accepts the recommendation of the Michigan City Redevelopment Commission and the Michigan City Plan Commission that tax abatement benefits be extended to the ANNEXED AREA. Page 9 June 6, 2023 SECTION 5. That the Common Council of the City of Michigan City hereby determines and finds that the area hereby described, to-wit: the entire corporate limits of the City of Michigan City, Indiana, which includes the ANNEXED AREA, continues to be an Economic Revitalization Area for the purposes of property tax abatement pursuant to IC 6-1.1- 12.1. SECTION 6. That the deductions to be allowed for property tax abatement within the Economic Revitalization Area, which includes the ANNEXED AREA, so designated shall be deductions allowed under IC 6-1.1-12.1, et seq. SECTION 7. That any person who wishes to claim a deduction under this Resolution shall comply with the Statement of Benefits filing requirements of said IC 6- 1.1-12.1 which statements shall be reviewed and approved or rejected by thi s Council as pro v id ed in said I C 6 - 1 . 1 - 1 2 . 1 and only those persons whose Statement of Benefits shall contain the information described in I.C. 6-1 .1-12.1 and shall be submitted on forms prescri bed by the D e p a r t m e n t o f L o c a l G o v e r n m e n t F i n a n c e . SECTION 8. That the designation as an Economic Revitalization Area, which includes the ANNEXED AREA, and the effectiveness of this Resolution shall expire December 31, 2024, and all persons whose Statement of Benefits have been approved prior to said date shall be entitled to the applicable property tax deduction hereunder. SECTION 9. That owners of real property and personal property, whose Statement of Benefit applications are approved by resolution of this Council, shall be entitled to a property tax deduction for a p e r i o d as this Council shall, on a case-by-case basis, determine, not to exceed the period allowed under IC 6-1.1-12.1. SECTION 10. That the procedures described herein for application for tax abatement shall be effective through December 31, 2024. SECTION 11. That this matter shall be noticed and advertised for a public hearing to the extent and in the manner required by IC 6-1.1-12.1 and other applicable provisions of Indiana law. SECTION 12. This Resolution shall be i n f u l l force and effect from and after its adoption by the Common Council and approval by the Mayor and shall be filed with the LaPorte County Assessor and any other person or location required by Indiana law. INTRODUCED BY: /s/ Angie Nelson Deuitch, Member Michigan City Common Council INTRODUCED BY: Bryant Dabney, Member Michigan City Common Council NOTE: EXHIBIT I, 2, 3, ARE ATTACHED TO THIS RESOLUTION IN FILE CR-107 President Fitzpatrick asked if either of the sponsors had anything to add at this time, there was no response. President Fitzpatrick asked if there were any questions or comments from the public, there was no response. President Fitzpatrick asked if the Council had any questions or comments. Councilwoman Deuitch advised that this is extending the designation of the Economic Revitalization area through 2024; stating she thought that our City Planner was here to make a few comments that this is something that was established in 1987 and needed to be updated and one of the WHEREAS clauses reads that they found that the citizens of Michigan City will benefit from the creation of additional jobs expansion of the property tax base protection of private investment and revitalization of those areas designated. Page 10 June 6, 2023 Councilwoman Tillman made a motion to approve the proposed resolution, second by Councilwoman Deuitch, the motion carried and was approved by the following vote: AYES: Council members P. Przybylinski, Tillman, Fitzpatrick, Deuitch, D. Przybylinski, Simmons, and Zygas (7) NAYS: Council member None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4884 APPROVING SUBMISSION OF APPLICATION FOR A GRANT FOR THE CITY OF MICHIGAN CITY FROM THE INDIANA DEPARTMENT OF TRANSPORTATION FOR THE 2023 COMMUNITY CROSSING MATCHING GRANT PROGRAM & SUPPORTING THE LOCAL MATCH FOR SAID GRANT WHEREAS, pursuant to Sec. 2-236 of the Michigan City Municipal Code, the Michigan City Common Council must pre-approve all grant applications requiring a local match; and WHEREAS, the City of Michigan City, Indiana intends to submit a grant application seeking funding through the Indiana Department of Transportation for the Community Crossings Matching Grant Program; and WHEREAS, the City of Michigan City will be requesting up to $1,000,000 in grant funds for various street paving projects that will require a dollar for dollar match; and WHEREAS, pursuant to Sec. 2-236, the City Controller has provided the following information pertaining to the Grant: 1. Name of grantor and grant title: Indiana Department of Transportation – Community Crossings Matching Grant Program. 2. Why it is beneficial to the City to apply for this grant: This grant will allow the City to double the budget for street paving. 3. The purpose of the grant and the proposed use of grant funds: This grant will be used to pave streets in the worst condition as determined by the Engineer assisting the City based on the PASER report. 4. The person who will be responsible for managing the grant for the City: Mary- Lynn Wall, Assistant City Controller. 5. All relevant time frames and schedule, including any deadlines for submitting the application and closing out the grant: a. The application process opens at 8:00 a.m. (ET), Wednesday, July 5, 2023. b. The deadline to submit the application is 5:00 p.m. (ET), Friday, July 28, 2023. 6. The amount of any required or proposed City monetary match or voluntary contribution and the proposed source for the matching funds and contributions: c. Cities with a population of greater than 10,000 will receive funds using a 50/50% match. d. The max amount eligible to receive is $1,000,000. e. The matching funds are budgeted in the 2023 MVH Restricted budget. 7. The description of the types and sources of any in-kind match or contribution: NA 8. Whether the Controller wishes to have a new, separate fund created for the grant: No, the Controller does not wish to have a new, separate fund created for the Grant. A separate grant fund has previously been established and this Grant will run through that existing fund. WHEREAS, all relevant information required by Sec. 2-236 is attached hereto and incorporated herein as Exhibit A-Notice of Application for Grant and Exhibit B-Grant Set-Up Form. NOW, THEREFORE BE IT RESOLVED BY THE MICHIGAN CITY, INDIANA COMMON COUNCIL AS FOLLOWS: Page 11 June 6, 2023 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. The Michigan City Common Council approves the submission of the 2023 Community Crossings Matching Grant Application and supports and commits to funding the local match for said Grant from the 2023 MVH Restricted funds in an amount not to exceed $1,000,000. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Angie Nelson Deuitch, Member Michigan City Common Council INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council NOTE: EXHIBIT A and B are attached to Resolution No. 4884 in file CR-107 President Fitzpatrick asked if either of the authors had anything to add. Councilman D. Przybylinski advised this proposed resolution is just that the city is committed to matching the Community Crossing Grant which is a match of one million dollars that if we approve the match the state will match that amount. President Fitzpatrick asked if there were any comments from the public, there was no response. President Fitzpatrick asked if the Council had any questions or comments. Councilman P. Przybylinski presented a master map of the resurfacing of the city from 2018 through 2021; explaining what the map indicates that there were a few years that no resurfacing was done, pointed out the street that were done, the condition of Washington Street, the streets that have large gaps that they shouldn’t be cracked seal; questioning the paving list that is being proposed this evening and is attached to the proposed ordinance. Discussion ensued between City Engineer Interim Brad Minnick and Councilwoman Tillman regarding the pavement on South Carroll Avenue to East Barker Avenue, which is in the construction project for 2024, the proposed list this evening is for the 2023 CCMG and not connected to the NICTD Double Track Project, paving on Carroll Avenue from East Barker Avenue to Coolspring Avenue. Councilman D. Przybylinski thanked Councilman P. Przybylinski for the maps that they are very informative; commenting on several streets that are in bad condition stating several concerns. Councilwoman Deuitch made a motion to approve the proposed resolution, second by Councilwoman Tillman, the motion carried and was approved by the following vote: AYES: Council members Tillman, Fitzpatrick, Deuitch, D. Przybylinski, Simmons, Zygas, and P. Przybylinski (7) NAYS: Council member None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4885 Page 12 June 6, 2023 APPROVING SUBMISSION OF APPLICATION FOR A GRANT FOR THE CITY OF MICHIGAN CITY FROM THE INDIANA DEPARTMENT OF HOMELAND SECURITY FOR BODY CAMERAS & SUPPORTING THE LOCAL MATCH FOR SAID GRANT WHEREAS, pursuant to Sec. 2-236 of the Michigan City Municipal Code, the Michigan City Common Council must pre-approve all grant applications requiring a local match; and WHEREAS, the City of Michigan City, Indiana intends to submit a grant application seeking funding through the Indiana Department of Homeland Security; and WHEREAS, the City of Michigan City will be requesting $61,740.00 in grant funds for body cameras that will require a match of $30,870.00; and WHEREAS, pursuant to Sec. 2-236, the City Controller has provided the following information pertaining to the Grant: 1. Name of grantor and grant title: American Rescue Plan Act State and Local Fiscal Recovery Funds through the Indiana Department of Homeland Security 2. Why it is beneficial to the City to apply for this grant: The use of body cameras allow for the Michigan City Police Department to provide true and accurate evidence in criminal cases and transparency with the public to address any questions or concerns about the officer conduct. 3. The purpose of the grant and the proposed use of grant funds: This grant will provide monies to the City to use toward the purchase of body worn cameras. Any monies used can be a relief to the proposed funding sources that the City would use to purchase this equipment. 4. The person who will be responsible for managing the grant for the City: Marty Corley, Assistant Chief 5. All relevant time frames and schedule, including any deadlines for submitting the application and closing out the grant: f. The grant agreement commences on January 1, 2023 and shall remain in effect through December 31, 2023. 6. The amount of any required or proposed City monetary match or voluntary contribution and the proposed source for the matching funds and contributions: g. The match required is 50%. h. The matching funds are budgeted in the 2023 Police Department operating budget. 7. The description of the types and sources of any in-kind match or contribution: NA 8. Whether the Controller wishes to have a new, separate fund created for the grant: No, the Controller does not wish to have a new, separate fund created for the Grant. A separate grant fund has previously been established and this Grant will run through that existing fund. WHEREAS, all relevant information required by Sec. 2-236 is attached hereto and incorporated herein as Exhibit A-Notice of Application for Grant and Exhibit B-Grant Set-Up Form. NOW, THEREFORE BE IT RESOLVED BY THE MICHIGAN CITY, INDIANA COMMON COUNCIL AS FOLLOWS: 3. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 4. The Michigan City Common Council approves the submission of the American Rescue Plan Act State and Local Fiscal Recovery Funds through the Indiana Department of Homeland Security and supports and commits to funding the local match for said Grant from the Police Department 2023 Operating Budget in the amount of $30,870.00. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. Page 13 June 6, 2023 INTRODUCED BY: /s/ Angie Nelson Deuitch, Member Michigan City Common Council NOTE: Exhibit A and B are attached to Resolution No. 4885 in file CR-107. President Fitzpatrick asked if the authors had anything to add at this time. Councilwoman Deuitch advised that this is for body cameras for the MCPD and requires a 50% match, the total amount is $61,740.00 and this money has already been budged in the 2023 police department’s budget and is a benefit to have updated equipment with all attachments is included in the match being $30,870.00: advising that Asst. Chief Corley is present if anyone has any questions. 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 Simmons made a motion to approve the proposed resolution, second by Councilwoman Deuitch, the motion carried, and the proposed resolution was approved by the following vote: AYES: Council members Fitzpatrick, Deuitch, D. Przybylinski, Simmons, Zygas, Przybylinski, and Tillman (7) NAYS: Council member None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4886 ADOPTING THE LAPORTE COUNTY MULTI-HAZARD MITIGATION PLAN PREPARED BY THE LAPORTE COUNTY EMERGENCY MANAGEMENT AGENCY WHEREAS, the Michigan City Common Council recognizes the threat that natural hazards pose to people and property with LaPorte County, Indiana; and WHEREAS, the LaPorte County Emergency Management Agency has prepared a multi-hazard mitigation plan, entitled LaPorte County Multi-Hazard Mitigation Plan, April 2023, in accordance with federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the National Flood Insurance Act of 1968, and the National Dam Safety Act (A copy of the LaPorte County Multi-Hazard Mitigation Plan, April 2023 is attached hereto and incorporated herein as Exhibit A); and WHEREAS, the LaPorte County Multi-Hazard Mitigation Plan, April 2023 identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property from the impacts of future hazards and disasters; and WHEREAS, the Michigan City Common believes it is in the best interest of the health and safety of the community and residents herein to adopt the LaPorte County Multi-Hazard Mitigation Plan, April 2023. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AS FOLLOWS: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. Page 14 June 6, 2023 2. The City of Michigan City, Indiana hereby adopts the LaPorte County Multi-Hazard Mitigation Plan, April 2023. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Angie Nelson Deuitch, Member Michigan City Common Council EXHIBIT A IS ATTACHED TO RESOLUTION NO. 4886 and filed in CR-107 President Fitzpatrick asked if the author had anything to add at this time. Councilwoman Deuitch stated this proposed resolution is in reference to multi hazard plan the LaPorte County EMS adopted reading the following “WHEREAS” clause for everyone to understand what the plan entails. WHEREAS, the Michigan City Common Council recognizes the threat that natural hazards pose to people and property with LaPorte County, Indiana; and WHEREAS, the LaPorte County Emergency Management Agency has prepared a multi-hazard mitigation plan, entitled LaPorte County Multi-Hazard Mitigation Plan, April 2023, in accordance with federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the National Flood Insurance Act of 1968, and the National Dam Safety Act (A copy of the LaPorte County Multi-Hazard Mitigation Plan, April 2023 is attached hereto and incorporated herein as Exhibit A); and Councilwoman Deuitch stated this is just our city adopting the county wide program they adopted. President Fitzpatrick asked if the public questions or comments, there was no response. President Fitzpatrick asked if the council had anything to add. Councilwoman Deuitch advised the other thing is that in reference to this plan people don’t realize how expensive flood insurance is and can be if a disaster occurs here in our community in the future. Councilwoman Deuitch advised Councilman P. Przybylinski that this is just a mitigation plan and isn’t changing any of flood areas in the city limits. President Fitzpatrick asked if there were any other comments from the Council. Councilwoman Deuitch made a motion to approve the proposed resolution (with the Exhibit), second by Councilwoman Zygas, the motion carried and was approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, Zygas, P. Przybylinski, Tillman, and Fitzpatrick (7) NAYS: Council member None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4887 APPROVING REQUEST TO CONNECT TO MICHIGAN CITY SEWER UTILITIES BY LAKE SHORE SEWER, LLC FOR THE BENEFIT OF PROPERTIES LOCATED AT 2116 LAKESHORE DRIVE, 2120 LAKESHORE DRIVE, 2216 LAKESHORE DRIVE, 2230 LAKESHORE DRIVE, AND 2234 LAKESHORE DRIVE Page 15 June 6, 2023 WHEREAS, Section 98-86 of the Municipal Code of Michigan City, as amended by Ordinance No. 4662 on December 28, 2022, currently reads as follows: The owner of any real property located outside the corporate limits of the City who wishes to connect to the public sanitation system of the City for new or expanded service shall execute a waiver of the right to demonstrate or remonstrate against annexation by the City as a condition of connecting to the public sanitation system of the City. This waiver of the right to demonstrate or remonstrate against annexation shall be valid for a period of fifteen (15) years from the date the waiver is executed. This waiver shall run with the land and shall be recorded in the Office of the LaPorte County Recorder not later than thirty (30) business days from the date the waiver is executed. This waiver shall also be filed with the Office of the City Clerk of Michigan City not later than thirty (30) business days from the date the waiver is executed; and WHEREAS, Section 98-87 of the Municipal Code of Michigan City, as amended by Ordinance No. 4662 on December 28, 2022, currently reads as follows: No adjacent municipality or any part thereof may connect to the public sanitation system of the City without the express approval of a majority of the Michigan City Common Council; and WHEREAS, the Common Council has been made aware that Five (5) Property Owners, who are all members of LAKE SHORE SEWER, LLC, wish to establish a connection to the public sanitation system of the City of Michigan City, namely: 1.) 2116 Lakeshore Drive, Long Beach, Indiana 46360- Brandi L. Upp and Scott F. Upp, Jr.; 2.) 2120 Lakeshore Drive, Long Beach, Indiana 46360-Michael Magee; 3.) 2216 Lakeshore Drive, Long Beach, Indiana 46360- Longwood Partners, LLC, by Patrick Clifford, Manager; 4.) 2230 Lakeshore Drive, Long Beach, Indiana 46360- Steven Sczurek Trustee of the Steven Sczurek Trust u/t/d November 8, 2011 undivided 50% interest & Lisa Laroche-Sczurek Trustee of the Lisa Laroche Sczurek Trust u/t/d November 8, 2011 undivided 50% interest; 5.) 2234 Lakeshore Drive, Long Beach, Indiana 46360 – Barrett J. Callaghan and Susan E. Callaghan; (hereinafter all collectively referred to as “Five (5) Property Owners”) WHEREAS, the Common Council therefore finds that the Petitioners and the Properties constitute a part of an adjacent municipality (specifically, the Town of LONG BEACH, INDIANA) and wishes to establish a connection to the public sanitation system of the City of Michigan City, therefore being subject to the provisions of Section 98-87 of the Municipal Code of Michigan City (see EXHIBIT A, which is attached hereto and incorporated herein); and WHEREAS, each of the Five (5) Property Owners have executed any and all waivers necessary for compliance with Section 98-86 of the Municipal Code of Michigan City, which said waivers are attached hereto and incorporated herein as EXHIBITS B THROUGH F; and WHEREAS, the Five (5) Property Owners will seek the necessary approval of the Michigan City Sanitary District (“the District”) in order to permit the establishment or re-establishment of their sewer connection; and WHEREAS, the District’s General Manager (“General Manager”) has submitted a letter to the Common Council advising of the following: 1.) there is sufficient capacity in the District’s sewer system to receive and transport the discharge from the proposed connection by Property Owner; 2.) there is no reason to believe there is any other problem with the proposed connection; and 3.) the General Manager will recommend to the District’s Board that the connection be approved. (A copy of the letter from the General Manager dated April 11, 2023 is attached hereto and incorporated herein as Exhibit G); and WHEREAS, upon final action of the District’s Board, the District shall timely send written communication to the Common Council and the City Clerk advising whether the proposed connection was granted; and Page 16 June 6, 2023 WHEREAS, upon receipt of written approval from the District, the City Clerk is directed to record the wavier, which is attached hereto as EXHBITS B THROUGH F, with the LaPorte County Recorder’s Office; and WHEREAS, the City Clerk may require the Petitioners to re-execute said EXHIBITS B THROUGH F if more than thirty (30) days have elapsed from the date of initial execution and the date the District files written notification of approval with the Common Council and City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AS FOLLOWS: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. Pursuant to Section 98-86 and Section 98-87 of the Michigan City Municipal Code, and subject to the City of Michigan City, Indiana bearing no cost for the review and inspection of this matter and the Petitioner’s reimbursement to the Michigan City Sanitary District for any cost incurred by the Sanitary District in the review and inspection of this matter, the expansion of the existing sanitary sewer service to real estate outside the corporate limits of the City of Michigan City as proposed by the Five (5) Property Owners, who are all members of LAKE SHORE SEWER, LLC, is hereby authorized and approved. 3. The City Clerk is directed to record EXHIBITS B THROUGH F with the LaPorte County Recorder’s Office upon receipt of written notification from the District that said connection has been approved. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council NOTE: Exhibit A thru F is attached to Resolution No. 4887 in file CR-107 President Fitzpatrick asked if the author had anything to add at this time. Councilman D. Przybylinski advised that there are five (5) residents on Lake Shore Drive that are located close to Castleton Drive and are asking the approval of this council to connect sewer lines to the lift station, that the residents are paying for the entire installation and will pay any cost associated with the Sanitary District for coming out to do the inspections or any other work needed. Councilman D. Przybylinski stated that he spoke with the Sanitary Superintendent, and he advised him that the annual profit from this connection will be anywhere from $8,500 to $9,500, and that Attorney Michael Bergerson and Tim Haas, Haas and Associates, representing Lake Shore Sewers LLC. Are present to answer any questions the Council may have and do a presentation. Attorney Michael Bergerson and Tim Haas did a presentation for the Council explaining the proposed project Lake Shore Sewers LLC project connecting five (5) residents. connecting sewers. Councilwoman Deuitch made a motion to adopt the proposed resolution, second by Councilwoman Zygas, the motion carried, and the resolution was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Deuitch, P. Przybylinski, Tillman, Fitzpatrick, and Zygas (7) NAYS: Council member None (0). The Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4888 Page 17 June 6, 2023 SEVENTH ADDITION TO THE INITIAL PLAN FOR USE OF A PORTION OF THE CITY’S ALLOTMENT OF LOCAL FISCAL RECOVERY FUNDS THROUGH THE AMERICAN RESCUE PLAN ACT TO ALLOCATE MONIES TO ASSIST WITH THE FUNDING OF A DESIGNATION PLAYGROUND IN FEDDER’S ALLEY FOR THE PARK DEPARTMENT WHEREAS, on September 21, 2021, the Michigan City Common Council enacted and on September 22, 2021 the Mayor signed Resolution #4813 entitled “Stating the Initial Plan for Uses of a Portion of the First Tranche of the City of Michigan City’s Allotment of Local Fiscal Recovery Funds Through the American Rescue Plan Act;” and WHEREAS, since September 21, 2021, the following Resolutions have been adopted, which either amend or add to the City’s initial plan for use of ARPA funds: a. On December 21, 2021, the Michigan City Common Council adopted and on December 22, 2021 the Mayor signed Resolution #4820 entitled “Amending Resolution #4813 to Comply with the State Board of Accounts Directive 2021-3 Regarding “Premium Pay” Under the American Rescue Plan Act (ARPA),” which amended Resolution #4813 to comply with State Board of Accounts Directive 2021-3 regarding “premium pay” under the American Rescue Plan Act (ARP). b. On May 4, 2022, the Michigan City Common Council adopted and on May 13, 2022 the Mayor signed Resolution #4842 entitled “Adding to the Initial Plan for Use of Portion of the City’s Allotment of Local Fiscal Recovery Funds Through the American Rescue Plan Act to Pay for Upgrades to the City’s Security and Necessary Equipment for the City’s Emergency Management Volunteers Through the Michigan City Police Department;” c. On June 7, 2022, the Michigan City Common Council adopted and on June 16, 2022 the Mayor signed Resolution #4845 entitled “Adding to the Initial Plan for the Use of a Portion of the City’s Allotment of Local Fiscal Recovery Funds Through the American Rescue Plan Act to Pay for the Grade Crossing Improvements at Various Crossing Intersections in Michigan City, specifically in the Northern Indiana Commuter Transportation District, to Establish Quiet Zones;” d. On August 2, 2022, the Michigan City Common Council adopted and on August 4, 2022 the Mayor signed Resolution #4853 entitled “Fourth Addition to the Initial Plan for Use of a Portion of the City’s Allotment of Local Fiscal Recovery Funds Through the American Rescue Plan Act to Allocate Monies for Various Matters, including but not limited to Community Grant Funding for Small Business and Nonprofits, City Projects, and Equipment/Improvements for Certain City Departments;” e. On November 1, 2022, the Michigan City Common Council adopted and on November 9, 2022, the Mayor signed Resolution #4859 entitled, “Fifth Addition to The Initial Plan For Use Of A Portion Of The City’s Allotment Of Local Fiscal Recovery Funds Through The American Rescue Plan Act To Allocate Monies For Capital Equipment For The Street Department And Refuse Department;” f. On January 17, 2023, the Michigan City Common Council adopted and on January 19, 2023, the Mayor signed Resolution #4868 entitled, “Sixth Addition to The Initial Plan For Use Of A Portion Of The City’s Allotment Of Local Fiscal Recovery Funds Through The American Rescue Plan Act To Allocate Monies For Park Improvements;” g. On January 17, 2023, the Michigan City Common Council adopted and on January 19, 2023, the Mayor signed Resolution #4867 entitled, “Sixth Addition to The Initial Plan For Use Of A Portion Of The City’s Allotment Of Local Fiscal Recovery Funds Through The American Rescue Plan Act To Allocate Monies For Infrastructure for City’s Eastside Annexed Property;” Page 18 June 6, 2023 h. On January 17, 2023, the Michigan City Common Council adopted and on January 19, 2023, the Mayor signed Resolution #4869 entitled, “Sixth Addition to The Initial Plan For Use Of A Portion Of The City’s Allotment Of Local Fiscal Recovery Funds Through The American Rescue Plan Act To Allocate Monies a Street Loader; and WHEREAS, the ARPA committee recently met and recommends the following additions to the City’s plan for using ARPA monies: Revenue Replacement:  Destination Playground for Park Department $ 750,000 WHEREAS, the Common Council wishes to adopt the recommendations of the ARPA committee and believes said recommendations are in the best interest of the City and the residents herein. NOW, THEREFORE BE IT RESOLVED BY THE MICHIGAN CITY, INDIANA COMMON COUNCIL AS FOLLOWS: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. Expenditures of Funds. The Council expresses its intent to expend ARP funds as follows: Revenue Replacement:  Destination Playground for Park Department $ 750,000 3. Compliance with the American Rescue Plan Act. The City Administration will ensure compliance with prevailing Federal Guidelines at the time the funds are committed for expenditure. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Dalia Zygas, Member Michigan City Common Council INTRODUCED BY: /s/ Angie Nelson Deuitch, Member Michigan City Common Council INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if any of the sponsors had anything to add. Councilwoman Zygas hoped that everyone seen the presentation about this future playground, advising it is amazing and that there are several entities participating financially; commenting on how the ARPA Committee decided to use those funds for this project and the impact it would do for our community. President Fitzpatrick asked if there were any other comments from the sponsors, there was no response. President Fitzpatrick asked if there were any comments from the public at this time. Ernie Hallahan, 302 Glady Street, commented on the splash park not working yet this year. Page 19 June 6, 2023 Shannon Eason, Asst Park Superintendent advised that their department is working on the splash park and are waiting for equipment and the ID permit to be cleared; that their plan is to convert the splash park into a freshwater system. Tommy Kulavik, 1316 Ohio Street, commenting that the administration should have had a plan and have up and working already. President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if the Council had any questions or comments. Councilman D. Przybylinski thanked the ARP Committee for approving these funds for this project, advising that he has been working on this project with Ms. Eason since 2021doing their research, visiting several parks in northern Indiana and in the Chicago land area doing a lot work, studies, and also receiving input from the public; this park is going to be a destination area for this city. Councilman P. Przybylinski presented one map of the area they are proposing to place the park/green way area is approximately 8.4 acres; he also presented another map that is in the park by the restroom and main entrance to the park which is eight (8) acres; stating several reasons why he feels this would be a better choice to put the destination park. Discussion ensued between Councilman P. Przybylinski and Council members D. Przybylinski, Deuitch, Fitzpatrick, and Ms Eason, regarding as being a councilman and having to put in FOIA to get information, reserving Fedders Alley for Michigan City Residents only, where the proposed park should be located, the cost, scheduling of ARP meetings, the amount of land being proposed for the park, grant’s being sauté, funds from local companies to support and is a community project that will happen to pay for some of the things as well, the 2016 Park Master Plan that was completed, a park that is not in our area is being proposed and ARP money not being spent for water and sewer infrastructure. Councilman D. Przybylinski made a motion to approve the proposed resolution, second by Councilwoman Deuitch, the motion carried, and the resolution was approved by the following vote: AYES: Council members Simmons, Zygas, P. Przybylinski, Tillman, Fitzpatrick, Deuitch and D. Przybylinski (7) NAYS: Council member None (0). The Clerk read the following proposed resolution by title only. Councilwoman Deuitch read the following proposed resolution in its entirety. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4889 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY INDIANA COMMEMORATING THE 79TH ANNIVERSARY OF D-DAY WHEREAS, June 6th, 2023 makes the 79th anniversary of the Allied landing at Normandy during World War II where over 500 ships and landing crafts, 10,000 airplanes, and over 150,000 Allied forces took part in Operations Overload, code named D-Day; and WHEREAS the Normandy landings were the landing operations and associated airborne operations on Tuesday, June 6, 1944 of the Allied invasion of Normandy in Operation Overlord Page 20 June 6, 2023 during World War II. Codenamed Operation Neptune and often referred to as D-Day, it was the largest seaborne invasion in history; and WHEREAS, while our troops continue to face challenges while serving in Iraq and Afghanistan, we must recognize the tremendous sacrifices made by members of our uniformed services on that fateful day in June; and WHEREAS it cannot be forgotten that the reason we enjoy peace and the opportunity to prosper is because of the Veterans who made the ultimate sacrifice to preserve the freedom we often take for granted; and WHEREAS, lest we forget, Memorial Day is a day for honoring and remembering the military personnel who died in the service of their Country; and WHEREAS, let us now honor, remember, and offer tribute to the men and women who fought for freedom, and who have laid down their lives in pursuit of that freedom, on June 6th, 1944; and WHEREAS research and operational missions include coordination with hundreds of countries and municipalities around the world. As this map shows, at present, more than 81,500 Americans remain missing from WWII, the Korean War, the Vietnam War, the Cold War, and the Gulf Wars/other conflicts. NOW, THEREFORE, BE IT RESOLVED, that the Common council, the Mayor, and the citizens of Michigan City, honor the men and women who have served in our nation’s armed forces and laid down their lives in pursuit of freedom. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Paul A. Przybylinski, Member Michigan City Common Council President Fitzpatrick asked the author if he had anything to add at this time. Councilman P. Przybylinski commented on what today should mean to everyone and that he hopes that when someone meets a veteran that they thank them for what they by serving our country and making the world a better place to live. President Fitzpatrick asked if the public had any comments at this time. Tommy Kulavik, 1316 Ohio Street; advised that one thing that amazes him is that we couldn’t pull off a “D Day” now a days, because there couldn’t be a top secret plan any longer in our world due to the media in our lives today. President Fitzpatrick asked if there were any comments from the council. Councilwoman Tillman made a motion to approve the proposed resolution, second by Council P. Przybylinski, the motion carried, and the resolution was approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Fitzpatrick, Zygas, D. Przybylinski, and Simmons (7) NAYS: Council member None (0). NOTE: President Fitzpatrick called a five minute break. ORDINANCES The Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE VACATING A PUBLIC ALLEYWAY LOCATED IN THE CITY BLOCK BORDERED BY FRANKLIN STREET, PINE STREET, 11TH STREET AND 10TH STREET Page 21 June 6, 2023 Introduced by: Angie Nelson Deuitch President Fitzpatrick asked if the author had anything to add at this time. Councilwoman Deuitch stated that this proposed resolution is part of the Double Track Project advising that Shem Kahlil – Global Engineering is present to answer any questions. President Fitzpatrick asked if the public had any questions or comments, there was no response. President Fitzpatrick asked if the council had any comments, there was no response; stating that the proposed ordinance will be held over on second reading at our June 20, 2023 Council meeting. The Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE VACATING A PORTION OF STREETS AND ALLEY IN THE CITY OF MICHIGAN CITY LOCATED NORTH OF WASHINGTON BOULEVARD, SOUTH OF JAKE LANE, AND EAST OF LORAN ROAD Introduced by: Bryant Dabney President Fitzpatrick advised that the sponsor was not here this evening. President Fitzpatrick stated that there will be a formal public hearing this evening. President Fitzpatrick opened the formal public hearing (repeating three times) “Is there anyone from the public that wished to speak on this matter at this time”, there was no response advising the formal public hearing is closed. Councilwoman Zygas questioned why the formal public hearing was called on first reading this evening instead of it being called on second reading. Clerk Neulieb advised that this proposed ordinance was time sensitive, and that Attorney Granquist wanted to have the formal public hearing this evening and possibly have all three readings; stating that this hearing was advertised in the paper on May 23, 2023 due to his request. Attorney Harris believes that this was a request from Attorney Granquist and the reason why it was advertised in the paper on May 23, 2023. Discussion ensued between Councilwoman Deuitch, Attorney Granquist and Shem Kahlil Global engineering regarding the background of the request for this vacation located north of Washington Boulevard, south of Jake Lane, and east of Loran Road, that it isn’t an emergency but the timeframe, the Plan Commission needs to have this approved before July 5, 2023 for their approval. President Fitzpatrick asked if there were any other comments from the Council, there was no response; stating that the proposed ordinance will be held over on second reading at the June 20, 2023 Council meeting. The Clerk read the following proposed ordinance on first reading by title only. APPROVING AND AUTHORIZING THE USE OF A TRAINING & EQUIPMENT REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND NEW APPLICANTS TO THE POLICE AND FIRE DEPARTMENTS AND CREATING SEC. 70-102(F) AND SEC. 54-139 IN THE MICHIGAN CITY MUNICIPAL CODE Introduced by: Don Przybylinski Page 22 June 6, 2023 Paul Przybylinski Tracie Tillman President Fitzpatrick asked if any of the authors had anything to add at this time. Councilman D. Przybylinski stated that this will be in the best interest of the city to require prospective applicants to the fire and police department to agree to reimburse the city for cost incurred by the city for training and equipment during the first five years of employment. Councilwoman Tillman advised that this has been discussed since 2019 and it has been asked by many of the Council members to be put forth in order to possibly help retain our officers and firefighters; stating that she is in full support of this and that she hopes since both departments received salary increases/bonus that they don’t see this as a deterrent, that shouldn’t be a question if they want a job or not. Councilman P. Przybylinski agrees with the comments made by both Councilwoman Tillman and Councilman D. Przybylinski stating several reasons why this is being brought to the table at this time. President Fitzpatrick asked if the public had any questions or comments. Tommy Kulavik, 1316 Ohio Street, and member of the Michigan City Fire Merit Commission advised that there will also be an ordinance coming to the Council changing the age to forty (40) to be able to apply for the fire department. Brian Wright, President of the FOP Lodge 75, addressed the council stating several reasons why the FOP is against this ordinance being approved that they feel that we just took two steps forward and now if this is adopted taking three steps back and that they did their research and there weren’t any positive comments only negative. Rodney McCormick, 617 Union Street, stated that this proposed ordinance is a great idea, questioning how officers have left soon after they come back from the academy and have their training before being able to go out solo; advising the MCPD gets everything they want when coming to the Council, equipment, guns, body cams, vehicles, etc. and that he feels giving the city a bit of security that is in this ordinance and needs to be put in place as soon as possible. Mr. McCormick advised Councilman D. Przybylinski that shots were fired last night on Emily Street with the police at the scene. Brian Gross, 830 W. 6th Street, stated that if you are going to a sixty (60) month period where they must stay without paying it back, it should be prorated payback. Ernie Hullahan, 302 Gladys Street, agreed with Brian Wrights comments that we need to create a reason for our officers to stay in Michigan City like we did back in the 60’s. Doug Legault, Michigan City Fire Chief stated that they had the same concerns the FOP had when we first read it; advising after reading it again there are stipulations in this document and in the end of the document the chief can disregard that payment back and it does have language in it pro-rating the five (5) years, wanting everyone to be aware of this. Officer Wright advised Councilman Fitzpatrick if the recent salary increases that we just gave along with the bonus if there was an increase in applicants at MCPD testing in May that we were advised about, that he would have to get back with him that he didn’t have that information with him. President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if the Council had anything to add. Page 23 June 6, 2023 Councilwoman Zygas stated that she thought the comments from Officer Wright were interesting, that since we just increased their salaries/bonuses we should wait on this proposed ordinance to see if the increases effect their recruits; advising that she isn’t against this, but she feels we should wait. Councilwoman Deuitch advised that as far as recruitment we just had another swearing in ceremony for four (4) officers and was told by Asst MCPD Chief they believe by the end of this year they will be in full compliment. Councilwoman Deuitch stated that she reached out to two attorneys in Lake County regarding this proposed ordinance and they feel that this would a problem if adopted. President Fitzpatrick asked if there were any other comments from the council, there was no response; stating the proposed ordinance will be held over on second reading until the June 20, 2023 Council meeting. The Clerk read the following proposed ordinance on first reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR THE SEVENTH ADDITION TO THE INITIAL PLAN FOR USE OF A PORTION OF THE CITY’S ALLOTMENT OF LOCAL FISCAL RECOVERY FUNDS THROUGH THE AMERICAN RESCUE PLAN ACT TO ALLOCATE MONIES TO ASSIST WITH THE FUNDING OF A DESIGNATION PLAYGROUND IN FEDDER’S ALLEY FOR THE PARK DEPARTMENT Introduced by: Dalia Zygas Angie Nelson Deuitch Don Przybylinski (DECREASE ARP Coronavirus Local Fiscal Recovery Fund 2407 Unappropriated balance $750,000 INCREASE ACCOUNT #2407.000.445.050 $750,000 Capital Outlay – Other Machinery & Equipment) President Fitzpatrick asked if there were any comments the authors would like to add. Councilman D. Przybylinski advised that his comments that were made on the resolution that was approved regarding still stands. Councilwoman Deuitch advised that a presentation was done regarding the proposed Designation Playground at the ARPA meeting, and we should do it here at a council meeting, Councilman D. Przybylinski stated that it was done at one of our council meetings. President Fitzpatrick asked if there were any other comments from the sponsors, there was no response. President Fitzpatrick asked if there were any questions or comments from the public. Rodney McCormick, 617 Union Steet asked what the exact cost is to get the destination park completed, commenting on the poor condition of the parks in the first ward where he lives, that people living in our city don’t go to Washington Park or don’t have the means to go there, this amount of money should not be put into one park. President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if the Council had any questions or comments. Councilman P. Przybylinski stated that he feels the neighborhood park programs has been abandon by the city, advising the proposed cost for the destination park being Page 24 June 6, 2023 proposed is approximately 4.3 million dollars and that they reached out to other foundations, didn’t receive enough funds and came back to the ARP committee for them to reconsider. Councilman P. Przybylinski commented on the history of Ames Field stating that in the records it states Ames Field would always be a park, along with the history of other parks in our community that have been ignored. Councilman D. Przybylinski agrees with Councilman P. Przybylinski that the neighborhood parks are not being maintained the way the should be; but there are councilmen in each ward that can address these parks as well. Councilman D. Przybylinski advised that when he started working on this project for the destination park he thought it was a great idea, it would be located in the first ward, the special needs people would have somewhere to go, the seniors in our community would have somewhere to walk, and it would be an asset to our city; advising Councilman P. Przybylinski that 4.3 million dollars is cost of this project with the majority of money will be fundraised and won’t be coming from the city. President Fitzpatrick asked if there were any other comments from the council, there was no response; stating that this will be held over to second reading at the June 20, 2023 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RAINY DAY FUND FOR AN EMERGENCY PURCHASE OF A PIERCE ENFORCER 100-FOOT REAR-MOUNT PLATFORM AERIEL FIRE TRUCK Introduced by: Angie Nelson Deuitch Paul Przybylinski Don Przybylinski Tracie Tillman Gene Simmons Bryant Dabney Michael Mack Dalia Zygas (DECREASE Rainy Day Fund 2236 Unappropriated balance $2,000,000.00 INCREASE ACCOUNT #2236.000.445.020$2,000,000.00 Capital Outlay – Motor Equipment) President Fitzpatrick stated that there will be a formal public hearing this evening. President Fitzpatrick asked if any of the sponsors had anything to add at this time. Councilwoman Deuitch that we have talked about this in great lengths; advising that she will be asking to have third reading this evening. President Fitzpatrick asked if there were any other comments from the sponsors, there was no response. President Fitzpatrick opened the formal public hearing (repeating three times) asking “if there was anyone from the public that wished to speak on this matter. Tommy Kulavik, 1316 Ohio Street, and member of the Michigan City Fire Merit Commission wanted to thank Councilwoman Deuitch for wanting to have third reading this evening. MCFD Legault thanked the council for their support and all the time each of the members put in to get this passed; that not only does he appreciate it but all the firefighters do as well. Page 25 June 6, 2023 President Fitzpatrick asked (repeating three times) “if there was any other comments from the public”, there was no response and the hearing was closed. President Fitzpatrick asked if there were any comments from the Council. Councilman P. Przybylinski thanked MCFD Chief Legault and the truck team for giving them the information in their presentation; advising that the Coolspring Fire Departments Ladder truck is out of service which means that our mutual aid responder unit won’t be here if we need them. Councilwoman Deuitch made a motion to have third reading this evening, the motion was second by Councilman P. Przybylinski and was approved by the following vote: AYES: Council members P. Przybylinski, Tillman, Fitzpatrick, Deuitch D. Przybylinski, Simmons, and Zygas (7) NAYS: Council member None (0). The Clerk read the following ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4688 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RAINY DAY FUND FOR AN EMERGENCY PURCHSE OF A PIERCE ENFORCER 100-FOOT REAR-MOUNT PLATFORM AERIEL FIRE TRUCK 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 an emergency purchase of a Pierce Enforcer 100-foot rear-mount platform aerial fire truck, and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Rainy Day Fund #2236 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 Rainy Day Fund 2236 Unappropriated balance $2,000,000.00 INCREASE ACCOUNT#2236.000.445.020 $2,000,000.00 Capital Outlay – Motor Equipment TOTAL FOR FUND $2,000,000.00 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/ Angie Nelson Deuitch, 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 INTRODUCED BY: /s/ Tracie Tillman, Member Michigan City Common Council Page 26 June 6, 2023 INTRODUCED BY: /s/ Gene Simmons, Member Michigan City Common Council INTRODUCED BY: /s/ Bryant Dabney, Member Michigan City Common Council INTRODUCED BY: /s/ Michael Mack, Member Michigan City Common Council INTRODUCED BY: /s/ Dalia Zygas Member Michigan City Common Council President Fitzpatrick asked if there were any comments from the sponsors, 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 the Council had any comments. Councilman D. Przybylinski made a motion to approve the proposed ordinance, second by Councilwoman Deuitch, the motion carried and was approved by the following vote: AYES: Council members Tillman, Fitzpatrick, Deuitch, Zygas, D. Przybylinski, Simmons, and P. Przybylinski (7) NAYS: Council member None (0). NEW BUSINESS President Fitzpatrick stated the council has one appointment to the Urban Enterprise Board due to Ken Fly resigning effective May 23, 2023 (term will begin immediately and expire 12/31/2024) and that nominations will be on the June 20, 2023 Council meeting. President Fitzpatrick stated this isn’t on the agenda and is a FYI to the council; advising the council needs to make one appointment to the Economic Development Commission; that the Economic Development Corporation is a producer of this board for the oversight of the bonding process; this is a three (3) member commission and is different from the Economic Development Corporation Board; the Mayor has an appointment, the Common Council has an appointment and the County Council has an appointment; stating that if anyone was interested to let him know that nominations and vote will take place at our June 20, 2023 council meeting. Councilwoman Deuitch stated that they had this discussion at the Redevelopment Commission and if the council recalls when the County Council approached us months ago we were told that we had to appoint someone to a three (3) member board and it is a state statute that we have to appoint someone to represent the council during the bond process. Attorney Harris advised Councilman P. Przybylinski that this is correct time to bring up the correspondence received from Mayor Parry that he vetoed Ordinance No. 4686 that was approved by this council making a motion to override the veto that was subsequently determined by the Mayor of Michigan City, Councilman Simmons second the motion. Councilwoman Deuitch advised that she supports the override of the mayor’s veto, but will be coming back with a few amendments within the next few meetings; stating a few amendments she will be proposing. Councilwoman Zygas concurred with Councilwoman Deuitch that there are a few amendments that need to make. Councilman P. Przybylinski advised that something needed to be done and that it has been over thirty (3) years since the boat has been here and no money has been set aside for the repair/maintenance of brick streets; stating that maybe we should have a Page 27 June 6, 2023 round table with the elected officials , not the appointed officials should be making these determinations on what’s going on in our city. President Fitzpatrick asked if anyone on the council had anything else to add, there was no response. The motion carried and the veto was overrode by the following vote: AYES: Council members Fitzpatrick, Deuitch, Zygas, D. Przybylinski, Simmons, P. Przybylinski, and Tillman (7) NAYS: Council member None (0). 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. COMMENTS FROM THE PUBLIC President Fitzpatrick asked if there were any comments from the public advising there is three-minute limit to speak. Kathy Stransky 223 Barker Avenue commented on the situation that she is facing with a landlord who rents a house behind her property; he kicks out the tenant and throws all the items left in the alley; advising right now there is pile of items as big as a single garage including raw food that attracts rats, racoons and other rodents and it has been there for over two weeks; asking the Council to do an ordinance that fine people that dump at their properties instead of getting a dumpster. Councilman D. Przybylinski asked Ms. Stransky who she called at the City. Brian Gross, 830 W. 6th Street, commented on the Park Departments Master Plan that was done 2015; stating that he is from the corporate world, but typically when doing a plan they review it every year; asking if the Park has done this making amendments to this plan, that a lot has changed in the world since 2015. Tommy Kulavik, 1316 Ohio Street, stated according to the Michigan City Municode he read the time, dates, and what you can and can’t due regarding the use of fireworks and reminded everyone about the Pullman building burning fifty years ago and that Monday, June 19th is a special holiday “Juneteenth” with the city and county offices will be closed. Mr. Kulavik congratulated all the Michigan City 2023 Graduates with a shout out for his Mariana with grated this year with 318 graduates this year and seventy-nine (79) graduating from the adult class of 2023. Rodney McCormick 617 Union Street stated that he attended the Board of Public Works and Safety meeting and they discussed how bad shape they are in and that they don’t have qualified technicians to take of them; advising that he was shut down at that meeting not being able to speak on this issue or any other issue; commenting on what is being proposed at Washington Park but does care about the playgrounds in the first ward where his kids still play at. President Fitzpatrick asked if there were any other comments from the public, there was no response. Page 28 June 6, 2023 COMMENTS FROM THE COUNCIL President Fitzpatrick asked if there were any comments from the Council at this time. Councilwoman Deuitch congratulated all of the 2023 graduates, that we have a lot of great kids and are looking forward to their future plan in hopes that they will return home to Michigan City; giving a shout out to all the young people working this summer to try and keep them off the streets, thanking the people that turned in some solution regarding the gun violence we have in our community, that there isn’t any easy simple solution. Councilwoman Deuitch advised that she is working on putting a “Youth Conference” together for the young people in our city; commenting on trying to get more parks upgraded and try to get programs back at each of these parks during the summer. Councilwoman Deuitch invited everyone down to Washington Park on June 18th and 19th to celebrate “Pride Month” and “Juneteenth”; advising at the Memorial Day event she learned historical things about her family by attending this event, it was an amazing time; stating that she would like to see our Veteran’s Committee take over the task of celebrating Memorial Day and Veterans Day and get our community more involved and have bigger celebration for all the men and women that lost their lives and served our country. Councilman D. Przybylinski agreed with Councilwoman Deuitch about the Memorial Day Parade that he also attended, and it was very heartwarming but like she said the crowds are getting smaller every year; thanked the clubs that put this event on and also the cemetery staff for a great job done; advising that he attended the Boo at the Zoo event that night; thanking the Washington Park Zoological Society, along with Johnny Stimley and the volunteer putting this annual event on. Councilman P. Przybylinski asked Nancy Moldenhauer who was present and represents the Sustainability Commission about the status of the “E” chargers that are placed in parking lot behind the Art Space Building Nancy Mouldenauer, 107 “K” Lane stated that she received an email last week and that the vendor has been identified; advising the Mayor, Planning Department, Redevelop Commission, and the Controller are aware of the third party and has been used in the past and isn’t sure what the process is to get this moving forward; asking Councilwoman Deuitch to check this out. Councilman P. Przybylinski agreed with Mr. Gross that the Park’s Master Plan should be looked at annually and that he would investigate if the Park Board does that; advising that he had to file a FOIA to get the information about the history of Fedder’s Alley being an area reserved for Michigan City residents only. Councilman P. Przybylinski stated whatever the cost of what the proposed destination park is, the citizens of our city need to know the accurate amount and is not sure who he would file a FOIA request to Park or ARP; commenting on ARP committee meetings not being posted to be able to attend and commented on the condition of all neighborhood parks in our community. Councilman P. Przybylinski advised that she called the Sanitary District twice, left a message and never received a call back and that we do need to move forward on extra pick up throughout our city in a proposed ordinance to address a fee or fine regarding this issue. President Fitzpatrick stated that this isn’t just landlords that are leaving stuff out in front their properties. Page 29 June 6, 2023 Councilwoman Zygas announced that on June 18th and 19th there is the Pride/Juneteenth Festival at Washington Park and that the Singing Sands Festival is this weekend and is a great event. Councilwoman Deuitch also has several pictures of properties that have been dumping in front or back of their houses, commenting on the Street Department and Refuse Departments and are out there working everyday snow, sun, sleet or rain; that when people dump items in front of their homes, these guys are taken off their routes or whatever they are working on to pick up special pick ups with them being short handed short of vehicles and this is something that needs to be addressed; stating that we need to move forward with fees, fines and charges in an ordinance, that we can’t keep doing everything for free, advising a garbage truck cost one million dollars and that she will be sharing her pictures with the Mayors Office, Refuse, and Street Department. Councilman D. Przybylinski commented on this refuse issue being the liaison to the Sanitary District and going through; advising if we didn’t have the ARP money we wouldn’t of been able to give them two (2) million dollars if we wouldn’t have received this money from the federal government and is why there needs to be a fee associated with the “special pickups” to be able to set a program for purchasing needed equipment each year. ADJOURNMENT A motion by President Fitzpatrick second by Councilman D. Przybylinski and there being no further business to transact, President Fitzpatrick declared the meeting ADJOURNED (approximately 9:15 p.m.) _______________________________ Gale A. Neulieb, City Clerk