City Council

Page 1 July 18, 2023 REGULAR “HYBRID/ZOOM” MEETING July 18, 2023 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, July 18, 2023, at the hour of 6:30 p.m., Hosted by “Hybrid/Zoom” and streamed live on “My Michigan City” Facebook Page. The meeting was called to order at 6:30 p.m. by Vice President D. Przybylinski Roll call was authorized, and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Bryant Dabney, Michael Mack, Angie Nelson Deuitch, Don Przybylinski, Paul Przybylinski, Dalia Zygas, and Tracie Tillman (7). ABSENT: COUNCIL MEMBERS Sean Fitzpatrick and Gene Simmons (2). NOTE: Vice President D. Przybylinski stated Councilman Fitzpatrick and Councilman Simmons will not be present this evening and are excused. A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Jewell Harris, and Stacy Dudley, Deputy Clerk APPROVAL OF MINUTES Vice President D. Przybylinski asked if there were any corrections, deletions, or additions to the Regular “Hybrid/Zoom” council meeting minutes that were held on July 5, 2023. Councilwoman Deuitch made a motion to approve the minutes of the Regular “Hybrid/Zoom” meeting that was held on July 5, 2023; second by Councilman Dabney. The motion carried and the minutes were approved from the July 5, 2023 regular council meeting; by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Mack, Deuitch, and D. Przybylinski, (7) NAYS: Council member None (0) REPORTS of STANDING COMMITTEES Vice President D. Przybylinski asked if there were any standing committee reports. Councilwoman Deuitch advised that they had their Redevelopment Commission meeting yesterday July 17, 2023 advising they have started the sidewalk project for the residents on the south side of the city and that the city is almost there to receive ownership of the road in front of Meijer’s. Vice President D. Przybylinski asked if there were any other standing committee reports, there was no response. Page 2 July 18, 2023 FINANCE REPORT Vice President D. Przybylinski asked if there were any reports from the Finance Committee. Councilwoman Tillman stated that the Finance Committee did not meet this evening due to not having a quorum; but will approve the following claims from the Riverboat Claims Acct. 2235 in the amount of $174,567.50 paying LaPorte Chrysler Inc. $6,435.00 and $168,132.50 to New Tech; Riverboat EFT Acct. 2235 had no claims, Boyd Development No. 2504 had no claims and that the Riverboat statement of cash position for July 18, 2023 balance was $ 6,265,928.14. CLAIMS DOCKET Vice President D. Przybylinski read the following Riverboat/Boyd Development Claims Fund for July 18, 2023 July 18, 2023 Fund #2235 – Riverboat – Claims - $ 174,567.50 EFT $ 00.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 174,567.50 Vice President D. Przybylinski asked if there was a motion to approve the claims for July 18, 2023 in the total amount of $174,567.50. Councilman Dabney made a motion to approve the Riverboat/Boyd Claim Docket for July 18, 2023 in the total amount of $174,567.50; second by Councilwoman Deuitch; the motion carried and was approved by the following vote: AYES: Council members P. Przybylinski, Tillman, Dabney, Mack, Deuitch, D. Przybylinski, and Zygas (7) NAYS: Council member None (0) REPORTS FROM BOARDS AND COMMISSION Vice President D. Przybylinski asked if there were any reports from any boards or commissions. Rodney McCormick President of the Social Status of African American Males Commission questioned why there hasn’t been an appointment made by the Ministerial Association for the council approve; advising that they are trying to get all the appointments filled to move forward. Mr. McCormick advised that the LaPorte County Council gave this commission $4,000 to be able to do activities with the youth in our city this summer; explaining a few positive things they have been doing with our young people. Tommy Kulavik, 1316 Ohio Street, Fire Merit Commission member reported on the next fire test coming up soon and is looking forward to his first time doing the process of the test. Councilwoman Deuitch advised that at the next council meeting on August 1st they will be talking about the fire merit point system and that they would like to have these proposed amendments approved before the next testing cycle takes place. Page 3 July 18, 2023 Nancy Moldenhauer 107 K Lane, representing the Michigan City Sustainability Commission and Andy Jans Davis; announcing the winner of their Nora L. Schultz Tribute Sustainability Award and the person received that in memory of Patricia and who was known as Pat Mulden who received the award this year; inviting the council to attend their next sustainability meeting when they will present this award to her family. Discussion ensued between Nancy Moldenhauer and Councilman P. Przybylinski regarding the electric chargers’ place on the public parking lot behind “Art Space” the Redevelopment Commission paying for these chargers for a year, reasons why it is free that it should have been set up that a person would pay by a credit card, placing more of these electric chargers next the “Old Lighthouse Museum, scheduling a meeting with all entities to discuss the chargers being placed within our city limits, “Drive Clean Indiana” worked with the city regarding these chargers, if the placement of these chargers were discussed with our city attorney and controller. Vice President D. Przybylinski agreed with Councilman P. Przybylinski stating that is a good point why would the city be paying for charging electric cars; questioning who does the invoice to pay for the charging of a vehicle, chargers if each month the City’s Redevelopment Commission is paying for it. Councilman D. Przybylinski advised Nancy Moldenhauer that he will step up to help her figure out the dots to see what is happening with the chargers being placed in our community. REPORTS OF SPECIAL or SELECT COMMITTEES Vice President D. Przybylinski 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 Vice President D. Przybylinski asked if there were any reports from the mayor or other city officers and departments. MCPD Chief Forker reported on the total calls for service for the month of June were 3,355, incident reports completed was 420, total arrests made 180, fifty-five (55) firearms were seized; advising that they are participating in “National Night Out” which is an event the MCPD is hosting at Pullman Field from 5 p.m. to 8 p.m. where there will be a bicycle ride down the Singing Sands Trail from Pullman Field, a pop up block party, DJ Entertainment Food and some local organizations will be there supporting this event. Chief Forker also stated that on Facebook the MCPD has a form for residents to fill out that have camera’s in their home and want to register them, so the MCPD know that you have camera’s connect to the inside/outside of your home. Chief Forker announced that August 19th they will be partnering with Goodwill at the Northwest Indiana Ministers Conference to do study sessions and prep sessions for the fire departments applicant testing for their written exam; and the MCPD is still looking for applicants that want to work for our city and that there is a $7,000 sign up bonus. Councilman Dabney asked Chief Forker to possibly have an update on the Flock System in our community; with him responding that there are several cameras operational already and have been affective helping in several of our investigation; the Raven shot detection have ran into some permitting issues with NIPSCO and they will have to take a different route and should be able to break ground on July 31st. Page 4 July 18, 2023 Vice President D. Przybylinski asked if there were any other reports from the mayor, other city officers, and departments, there was no response. PETITIONS Vice President D. Przybylinski asked the Clerk if there were any petitions. Deputy Clerk Dudley stated there are no petitions this evening. COMMUNICATIONS Vice President D. Przybylinski asked the Deputy Clerk if there were any communications. Deputy Clerk Dudley stated that correspondence was received in the Clerk’s Office on July 6, 2023 from Leslie Shad asking to make trees a priority in Michigan City. RESOLUTIONS The Deputy Clerk read the following proposed resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4891 AMENDING RESOLUTION NO. 4827 AUTHORIZING PETTY CASH AND CASH CHANGE FUNDS TO CHANGE NAME OF CUSTODIAN FOR GOLF DEPARTMENT FROM “DIRECTOR OF GOLF” TO “GOLF MANAGER” WHEREAS, Indiana Code 36-1-8-2 authorizes the Common Council to establish cash change funds for officers and employees who collect cash revenues on behalf of the City; WHEREAS, Indiana Code 36-1-8-3 authorizes the Common Council to establish petty cash funds for City offices; and WHEREAS, the Common Council previously authorized cash change/petty cash funds through Resolution No. 4063 and 4074, as amended by Resolution Nos. 4132, 4283, 4290, 4396, 4456, 4486, 4533, 4706, 4737, and 4827 (See also Resolution # 4844 amending Resolution #4827 to add Special Events Director as a custodian of cash change/petty cash fund); and WHEREAS, an amendment to Resolution 4827 is necessary to change the name of the custodian of the cash change/petty cash fund for the Golf Department from “Director of Golf” to “Golf Manager.” NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Michigan City, Indiana as follows: Section 1. Authorized cash change/petty cash funds, amounts and custodians are established as follows: Department Custodian Amount Aviation Airport Manager $250.00 Central Services MC Transit Director $50.00 Controller City Controller $100.00 Fire Fire Chief $50.00 Page 5 July 18, 2023 Greenwood Cemetery Cemetery Superintendent $150.00 Swan Lake Cemetery Cemetery Superintendent $40.00 Golf Golf Manager $1,000.00 Park Department Park Superintendent $100.00 Park Department – Washington Park Parking Assistant Park Superintendent $7,000.00 Park Department – Parking Stickers Assistant Park Superintendent $75.00 Park Department – Recreation Park Superintendent $300.00 Park Department – Oasis Concessions Zoo Retail Manager $600.00 Zoo Admissions Zoo Retail Manager $1,000.00 Zoo Concessions – Peacock Café Zoo Retail Manager $1,000.00 Zoo Gift Shop – Treehouse Zoo Retail Manager $1,000.00 Police Police Chief $100.00 Planning & Inspection Plan Director $200.00 Mayor’s Office Special Events Director $1,500.00 Section 2. The City Controller is authorized to issue each custodian a check as required to meet the above cited amounts and written procedures for the use and documenting the use of the petty cash funds. Section 3. The entire cash change/petty cash fund shall be returned to the Department’s Fund whenever there is a change in the custodian of the fund or the fund is no longer needed, and the City Controller shall verify the accuracy of the accounting for the fund at that time. 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/ Bryant Dabney, Member Michigan City Common Council Vice President D. Przybylinski asked if the sponsor had anything to add. Councilman Dabney advised that all that is happening here is amending the person that can operate the petty cash fund from director to golf manager. Vice President D. Przybylinski asked if there were any questions or comments from the public, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments at this time. Councilman Dabney made a motion to approve the proposed resolution, second by Councilman Mack, the motion carried, and the proposed resolution was approved by the following vote: AYES: Council members Tillman, Dabney, Mack, Deuitch, D. Przybylinski, Zygas, and P. Przybylinski (7) NAYS: Council member None (0) The Deputy Clerk read the following proposed ordinance by title only. ORDINANCE AMENDING SEC. 54-153(2) AND SEC. 70-103(A) OF THE MICHIGAN CITY MUNICIPAL CODE TO COMPLY WITH SENATE ENROLLED ACT 185 WHICH INCREASES THE MAXIMUM AGE OF APPLICANTS TO THE FIRE DEPARTMENTS TO UNDER THE AGE OF FORTY YEARS Introduced by: Angie Nelson Deuitch Vice President D. Przybylinski asked if the sponsor had anything to add at this time. Councilwoman Deuitch advised that this is increasing the age based on the Senate/Legislation from the General Assembly to increase the maximum age of applicants to 40 years of age. Page 6 July 18, 2023 Tommy Kulavik, 1316 Ohio Street, Fire Merit Commission member, advised that there were two (2) applicants that have applied that were over thirty-five (35) and that this law went into effect July 1, 2023. Vice President D. Przybylinski asked if there were any other comments from the public, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments. Councilman P. Przybylinski stated that he feels the state should lower the age to file an application for the fire department too eighteen years of age. Councilwoman Deuitch advised that they spoke about lower the age in the EMT program and the AK Smith program and how we could utilize some of graduates to apply for the fire department. Vice President D. Przybylinski asked if there were any other comments from the Council, there was no response; stating that this proposed ordinance will be held over on second reading at our August 1, 2023 Council meeting. The Deputy Clerk read the following proposed ordinance on first reading by title only. CREATING SEC. 46-38 AND SEC. 50-269 IN THE MICHIGAN CITY MUNICIPAL CODE TO PROHIBIT THE USE OF COMPRESSION RELEASE ENGINE BRAKES (“JAKE BRAKES”) IN CITY LIMITS Introduced by: Paul Przybylinski Vice President D. Przybylinski asked if the author had anything to add at this time. Councilman P. Przybylinski made a motion to TABLE the proposed ordinance until the August 15, 2023 Council meeting, second by Councilwoman Deuitch, the motion carried, and the proposed ordinance was TABLED on second reading until the August 15, 2023 Council meeting by the following vote: AYES: Council members Dabney, Mack, Deuitch, D. Przybylinski, Zygas, P. Przybylinski, and Tillman (7) NAYS: Council member None (0) The Deputy Clerk read the following proposed ordinance on first reading by title only. AMENDING THE ZONING MAP OF THE CITY OF MICHIGAN CITY, LAPORTE COUNTY, INDIANA TO REZONE PROPERTY OWNED BY DSM 124 LLC FROM R3B TO CBD1 Introduced by: Bryant Dabney Vice President D. Przybylinski asked if the author had anything to add at this time. Councilman Dabney stated that this is a simple rezoning of a property that used to be the old “Greyhound” building on the corner of 11th and Washington Streets; advising that the Planning Commission had a favorable recommendation, making a motion to have second and third reading this evening since the Planning Commission had a formal public hearing on June 27th, Councilwoman Deuitch second the motion; the motion carried to have all three readings this evening by the following vote: AYES: Council members Dabney, Mack, Deuitch, D. Przybylinski, Zygas, P. Przybylinski, and Tillman (7) NAYS: Council member None (0) Vice President D. Przybylinski asked if the public had anything to add, there was no response. Page 7 July 18, 2023 Vice President D. Przybylinski asked the council had any questions or comments at this time, there was no response. The Deputy Clerk read the following proposed ordinance on second reading by title only. AMENDING THE ZONING MAP OF THE CITY OF MICHIGAN CITY, LAPORTE COUNTY, INDIANA TO REZONE PROPERTY OWNED BY DSM 124 LLC FROM R3B TO CBD1 Introduced by: Bryant Dabney Vice President D. Przybylinski asked if the author had anything to add, there was no response. Vice President D. Przybylinski asked if the public had any questions or comments, there was no response. Vice President D. Przybylinski asked if the council had any comments. Councilman Dabney advised Councilwoman Deuitch that the owners plans are to have rentals space on the second floor and retail on the main floor. Vice President D. Przybylinski asked if the council had any other questions or comments, there was no response. The Deputy Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4693 AMENDING THE ZONING MAP OF THE CITY OF MICHIGAN CITY, LAPORTE COUNTY, INDIANA TO REZONE PROPERTY OWNED BY DSM 124 LLC FROM R3B to CBD1 WHEREAS, DSM 124 LLC ("Owner") and Dale and Sheila Moyer ("Petitioners"), filed a Petition with the Michigan City Plan Commission (“Commission”) asking that certain property within the boundaries of Michigan City, Indiana be re-zoned from R3B Mid-Rise Multiple Family Residential District to CBD1 Downtown Core District, said property being commonly known as 124 West 11th Street, Michigan City, Indiana (the "Property"), and more particularly described as follows: (See attached Exhibit “A” for legal description) PARCEL ID No. 46-01-29-466-001.000-022; and WHEREAS, following the filing of the Petition the Commission scheduled and held a public hearing on the Petition on June 27, 2023; and WHEREAS, at that public hearing, the Commission found that the Petitioner properly gave the necessary notice of the filing of the Petition and of the date and time of the public hearing thereon by publication in the manner prescribed by I.C. 5-3-1-1 et seq; and WHEREAS, at that public hearing, the Commission also found that the Petitioner properly gave the necessary notice to the persons who own property within 300 yards of the Property which the Petitioners requested to be re-zoned and who needed to be Page 8 July 18, 2023 given notice of the filing of the Petition and of the date and time of the hearing thereon; and WHEREAS, the Commission conducted the public hearing on the Petition to re- zone as advertised and noticed on June 27, 2023, and following said hearing, determined that the property described above should be re-zoned from R3B to CBD1, all as permitted by the Joint Zoning Ordinance and Indiana law, and on June 27, 2023, certified the Commission's findings and determinations, including those required by IC 36-7-4-603, and forwarded the same to the Common Council with a favorable recommendation; and WHEREAS, the City Clerk, on behalf of the Common Council, provided the necessary public notice of the Council's intention to consider the proposed change in the zoning map described herein, as required by IC 514-1.5-5; and WHEREAS, the Council has paid reasonable regard, consideration, and attention to the recommendation of the Commission, to the documentation and other evidence presented to the Council regarding the proposed zoning change, and to the legal requirements applicable to the Council's decision, including, as required by IC 36-7-4- 603, the City's comprehensive plan; the current conditions and the character of current structures and uses in each district; the most desirable uses for which the land in each district is adapted; the conservation of property values throughout the City; and responsible development and growth. NOW, THEREFORE, BE IT ORDAINED by the Michigan City Common Council, pursuant to applicable laws, including IC 36-7-4-608, that: 1. The Council finds, based on all of the evidence before it, that: A. The requested change in zoning for the property described above from R3B to CBD1 is compatible with the City's comprehensive plan, the current conditions and character of current structures and uses in the relevant district; the most desirable uses for which the land in the district is adapted; the conservation of property values throughout the City; and responsible development and growth; and B. The requested change in zoning will provide for the most reasonable use for which the affected property is adapted, and the proposed land use will not have an adverse effect on surrounding land; and C. The requested change in zoning will not be injurious or detrimental to the surrounding property values and will further the conservation of property values throughout the City; and D. The requested change in zoning will promote orderly and responsible community growth and development and will not adversely affect the community; and E. The topography, soil condition, and other physical features of the land involved are suitable for the proposed use and zoning change; and F. The change in zoning is not “spot zoning” which will confer a special benefit on a relatively small tract without commensurate benefit to the community, and G. The change in zoning will not disrupt or destroy any neighborhood plan. 2. The Council finds that it is in the best interests of the City of Michigan City and its citizens that the Council accept and approve the recommendation of the Plan Page 9 July 18, 2023 Commission that the requested change in the City's zoning map be approved by the Council. 3. The zoning for the property located in the City of Michigan City, LaPorte County, State of Indiana, commonly known as 124 West 11th Street, Michigan City, Indiana and more particularly described on the attached Exhibit "A", is hereby changed from R3B to CBD1; and the zoning map of Michigan City, Indiana shall be amended to reflect this change; and the amended zoning map shall hereafter be available in the office of the Plan Commission and the City Clerk for review and copying by the public. 4. The Clerk of the Michigan City Common Council shall furnish a certified copy of this Ordinance to the LaPorte County Recorder in order that the same may be placed of record in the records of the Recorder’s Office of LaPorte County. Introduced by: /s/ Bryant Dabney, Member Michigan City Common Council NOTE: EXHIBIT “A” IS ATTACHED TO ORDINANCE NO. 4693 IN FILE O-199 Vice President D. Przybylinski asked if the author had any comments, there was no response. Vice President D. Przybylinski asked the public had any questions or comments, there was no response. Vice President D. Przybylinski asked if the council had any comments at this time. Councilman P. Przybylinski questioned if the project is going to have rental space on the third floor; with Councilman Dabney advising that this is only going to be two (2) stories with the rezoning being due to mixed retail business and rental space. Councilman Dabney made a motion to approve the proposed ordinance, second by Councilwoman Deuitch, the motion carried, and the proposed ordinance was approved by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Zygas, P. Przybylinski, Tillman, and Dabney (7) NAYS: Council member None (0) The Deputy Clerk read the following proposed ordinance on first reading. 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 Introduced by: Angie Nelson Deuitch Vice President D. Przybylinski asked if the author had anything to add. Councilwoman Deuitch advised at a couple meeting ago that she would be bringing forth an amendment to this ordinance that all streets in the TIF districts will be available for this funding. Vice President D. Przybylinski asked if the public had any questions or comments. Kathy Stransky, 223 E. Barker Avenue, thanked everyone for supporting these brick streets; they are beautiful and a part of our history and am glad that we’re reserving them for future generations. Page 10 July 18, 2023 Vice President D. Przybylinski asked if the Council had any questions or comments at this time. Councilman P. Przybylinski commented on himself being the original author of the previous legislation regarding brick streets; asked to be added as a co-sponsor to this ordinance. Councilmen D. Przybylinski and Dabney also asked to be co-sponsors as well. Vice President D. Przybylinski added that we have had a lot of debate on this subject and not once has it been brought up not to repair or maintain them, they are the heritage of our community and maintenance is minimal. Councilman P. Przybylinski commented on some of the statements Councilman D. Przybylinski regarding the removing of the blacktop that is placed over the intersections that have bricks under them; advising that Charles Street was at one time black topped, and the city removed the black top. Vice President D. Przybylinski 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 our next council meeting on August 1, 2023. The Deputy Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE AMENDING SECTION 86-8 IN CHAPTER 86, ARTICLE I OF THE MICHIGAN CITY MUNICIPAL CODE, THE PERMANENT SIDEWALK FUND AND PROGRAM FOR SIDEWALK REPAIRS FOR THE CITY OF MICHIGAN CITY, INDIANA Introduced by: Angie Nelson Deuitch Vice President D. Przybylinski asked if there were any comments from the sponsor at this time. Councilwoman Deuitch advised this is the same explanation as the previous ordinance that these funds can be used in the city’s TIF areas as well. Vice President D. Przybylinski asked if the public had any questions or comments. Rodney McCormick, 617 Union Street questioned if these funds will be used not only for repairs of sidewalks but snow removal, maintaining of our sidewalks – removal/edging of weeds/grass, glass being picked up, cracked and sinking parts of sidewalks etc.; asking to create a committee to oversee all areas of our city and report back to the administration and mayor regarding issues that need to be addressed. Sherri Wilson, 1030 Liberty Trail addressed the council advising that there are still several areas in the city that are lacking ADA ramps that are part of our sidewalk system. Tommy Kulavik, 1316 Ohio Street stated that NICTD needs to get busy and finish the construction of the sidewalks at the intersection at 10th and 11th Street on Franklin as well as at the corner of 11th and Ohio Street. Vice President D. Przybylinski asked if there were any other comments from the public, there was no response. Vice President D. Przybylinski asked if the Council had any questions or comments. Councilwoman Tillman asked to be added as a co-sponsor. Page 11 July 18, 2023 Councilwoman Tillman commented on the unfinished ADA accessibility ramps at corners in the 5th Ward she requested information updating her on the schedule of these to be completed in her ward. Councilman P. Przybylinski stated that he was also the sponsor of the previous sidewalk ordinance; asking to be added as a co-sponsor as well to this one; stating that we need to look at the sidewalk situation throughout our city make a plan each year and will probably need more than $100,000 to keep up with new sidewalks and repairs of older sidewalks. Councilman Dabney asked to also be a co-sponsor; commenting on the city placing the ADA bubble pads throughout the city. Councilman Mack stated that the third ward is getting several sidewalks and ADA pads and street repairs done under the Rotation of the Community Grant and Community Crossing Grant. Councilwoman Deuitch stated that she thought we approved money for snow removal for sidewalks, that we bought the equipment; but will have check and see what the plan is for the new equipment that was just received. Councilwoman Deuitch stated that this is a great opportunity to use a local engineering firm to evaluate and look at our sidewalks throughout the city, look at the inventory of the city’s refuse tots that each resident is to have one tot each with some residents having seven (7) of them. Vice President D. Przybylinski stated that he started on the ADA pads four (4) years ago starting this project at Coolspring Avenue down to 11th Street; advising that there are no ADA bubble pads in the Art District, but they will be being done this fall when they do the two-way conversion in this area. Vice President D. Przybylinski asked if there were any other comments from the council, there was no response; stating the proposed ordinance will be on second reading at our August 1, 2023 Council meeting. The Deputy Clerk read the following proposed ordinance on first reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE ENGINEER DEPARTMENT OF THE GENERAL FUND FOR ON- CALL ENGINEERING SERVICES WITH HAAS & ASSOCIATES FOR THE REMAINDER OF 2023 Introduced by: Angie Nelson Deuitch (DECREASE General Fund 1101 Unappropriated balance $129,300.00 INCREASE ACCOUNT#1101 114.431.020 $129,300.00 Other Services and Charges – Engineering Services) Vice President D. Przybylinski asked if the author had anything to add. Councilwoman Deuitch stated that Controller Hoffmaster is present to answer any questions regarding this proposed additional appropriation; advising that this is for on call engineering services with Haas & Associates for the remainder of 2023. Councilwoman Deuitch stated that she is hoping that the City Engineer’s position has been increased in the 2024 budget that she hasn’t seen anything post from the city for this position. Vice President D. Przybylinski questioned Controller Hoffmaster regarding the engineer’s positions. Page 12 July 18, 2023 Controller Hoffmaster advised that they are looking to raise the pay in the 2024 City Engineers budget stating that they are just starting on the budget with the Mayor. Vice President D. Przybylinski asked if the public had any questions or comments. Brad Minnick, Haas and Associates, offered to answer any questions the Council may have and will be present to answer any questions at the August 1, 2023 Council meeting as well. Discussion ensued between Councilman P. Przybylinski and Mr. Minnick regarding the NICTD Double Track Project- ADA bubble pads that will be installed at 10th and Washington Streets and 11th and Franklin Streets intersections. Tommy Kulavik, 1316 Ohio Street, asked Councilman Mack to check into this and get back to him that some of these ADA bubble pads are not completed in the third ward. Vice President D. Przybylinski asked if there were any other public comments, there was no response. Councilwoman Zygas asked to be added as a co-sponsor to this ordinance as well. Mr. Minnick advised Councilman D. Przybylinski that the NICTD engineering gives him a list to review that they need to correct on this project, when they finish what needs to be corrected, they give him the paperwork advising that the work is completed; stating that he or the Inspection Department goes out to make sure everything was done correctly. Skyler York, Planning Director advised that the interim City Engineer and the Inspection Department work hand in hand together to make sure any concerns, requests, or corrections are addressed. Vice President D. Przybylinski asked if there were any comments from the Council, there was no response; stating that the proposed ordinance will be on second reading at the August 1, 2023 Council meeting. The Deputy Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, AUTHORIZING THE CITY OF MICHIGAN CITY, INDIANA, TO ISSUE ONE OR MORE SERIES OF ITS TAXABLE ECONOMIC DEVELOPMENT LEASE RENTAL REVENUE BONDS AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Introduced by: Angie Nelson Deuitch Tracie Tillman Bryant Dabney Vice President D. Przybylinski asked if any of the sponsors had anything to add. Councilwoman Deuitch advised that this proposed ordinance authorizes the city of Michigan City to issue Economic Development a lease on a revenue bond to be used for the purpose for constructing the five-hundred (500) space parking garage and a twelve(12) story mixed use building at the former NICTD Station; stating the Redevelopment Commission negotiated a development agreement for the parking garage and mixed used building with developer Flaherty and Collins; advising this bond is being used to provide the gap financing for the project and the bond will be paid for by TIFF proceeds. Councilwoman Deuitch advised that at our August 1, 2023 Council meeting Flaherty and Collins Developer, Faegre, Baker and Daniels Law Firm will be present to answer any questions, to discuss the project and any questions relating to these bonds. Page 13 July 18, 2023 Vice President D. Przybylinski asked if there were any other comments from the authors at this time, there was no response. Vice President D. Przybylinski asked if there were any questions or comments from the public, there was no response. Vice President D. Przybylinski asked if there were any questions or comments from the council. Councilwoman Zygas asked to be added as a co-sponsor. Councilman D. Przybylinski asked if we could schedule a meeting regarding this proposed ordinance prior to the next meeting on August 1, 2023. Councilwoman Deuitch stated that she will follow up on getting one scheduled prior to our next council meeting. Vice President D. Przybylinski 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 at our August 1, 2023 Council meeting. The Deputy 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 SOCIAL WORKER Introduced by: Angie Nelson Deuitch Vice President D. Przybylinski asked if there were any comments from the sponsor. Councilwoman Deuitch stated that this was a position that was created through a grant we received to have a social worker within the MCPD; advising that after public comment she will be asking to have third reading this evening as well. Vice President D. Przybylinski asked if there were any questions or comments from the public, there was no response. Vice President D. Przybylinski asked if anyone from council had anything to add. Councilwoman Deuitch made a motion to have third reading this evening, Councilman P. Przybylinski second the motion; the motion carried was approved to have third reading this evening by the following vote: AYES: Council members D. Przybylinski, Zygas, P. Przybylinski, Tillman, Dabney, Mack, and Deuitch (7) NAYS: Council member None (0). The Deputy Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4694 AMENDING ORDINANCE NO. 4650 COMMONLY KNOWN AS THE “2023 SALARY ORDINANCE” TO CREATE THE POSITION OF SOCIAL WORKER 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 14 July 18, 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) 2023 Budget was approved for the position Social Worker and the need exists to create the position of Social Worker in the 2023 Salary Ordinance; and WHEREAS, MCPD intends to hire a Social Worker 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 Social Worker 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. “Social Worker” shall be created in Section 1 of Ordinance No. 4650, under the Police Department and shall read as follows: Bi-Weekly Salary Annualized Social Worker $2,230.77 $58,000.00 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 retroactively to January 1, 2023, upon passage of the same 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 Vice President D. Przybylinski asked if the sponsor had anything to add at this time. Councilwoman Deuitch stated that the new MCPD “Social Worker” has been here for about a month, has become a member of the MCPD Crisis Intervention Team which is through the drug free partnership, and she is doing a great job and is a good addition to the department. Vice President D. Przybylinski asked if there were anyone from the public that had any questions or comments, there was no response. Vice President D. Przybylinski asked if there were any comments from the council. Councilwoman Deuitch made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, the motion carried with the proposed ordinance approved by the following vote: AYES: Council members Zygas, P. Przybylinski, Tillman, Dabney, Mack, Deuitch, and D. Przybylinski (7) NAYS: Council member None (0). The Deputy Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE LOCAL INCOME TAX (LIT) FUND FOR CONTRACTUAL SERVICES FOR NECESSARY TREE REMOVALS Introduced by: Paul Przybylinski (DECREASE LIT Fund #2209 Unappropriated balance $100,000.00 INCREASE ACCOUNT#2224 116.439.090 $100,000.00 Other Services & Page 15 July 18, 2023 Charges – Contractual Services) Vice President D. Przybylinski asked if the sponsor had anything to add at this time. Councilman P. Przybylinski advised that this is a needed expenditure and that there are several trees that are rotten and dangerous to our citizens in our community; stating that we will have the formal public hearing at the August 1,2023 meeting to get this adopted and move forward. Vice President D. Przybylinski asked if the public had any questions or comments. Ernie Hallahan, 302 Gladys Street commented on issues he had by his rental property on Emma Street advising the Tree Board did come out a few years ago and they did remove two (2) of them and is hoping they will come out again because he has two more trees that are dead and rotten. Councilman P. Przybylinski advised Mr. Hallahan that he should contact the City’s interim engineer and the Street Department to come out and look at these trees. Vice President D. Przybylinski commented on the condition of so many trees within our community that are dying, dead, rotten, and need to be addressed for the safety of the citizens in Michigan City. Tommy Kulavik, 1316 Ohio Street, commented that you should drive a copper nail into the trunk of their tree if you want it to grow big and healthy. Laura Henderson, 510 E. 9th Street, read the following statement from a fellow Tree Board member: I’m sorry I wasn’t able to attend tonight’s meeting but was at the previous meeting that was adjourned early before this item was addressed. I certainly don’t want to look a gifted horse in the mouth but as a member of the Tree Board, I am pleased that more funds could be provided. However, I am deeply concerned that the funds are designated only for tree removal, what we need is more funding for tree planting and tree maintenance. Our city has lost vast amounts of its tree canopy with very little replenishment; more trees mean more shade helping to reduce temperatures. This cooling impact can help alleviate the urban heat island effect and even reduce electric bills related to; asking you to please consider adjusting the additional funds to balance the tree removal this already occurring and slot these funds for caring for our existing trees. Ms. Henderson added that if a tree is dangerous to public safety, it may have to come down, but these trees need to be carefully evaluated by a qualified person. Rodney McCormick, 617 Union Street, thanked Councilman P. Przybylinski for bringing this to the table; commenting on how many trees in his ward that are in bad shape, need to be either removed trimmed so they don’t fall and either hurt someone or damage someone’s property. Vice President D. Przybylinski asked if there were any other public comments, there was no response. Vice President asked if the Council had any questions or comments. Councilwoman Tillman asked to be added as a co-sponsor. Vice President D. Przybylinski asked to be added as a co-sponsor as well. Councilman P. Przybylinski wanted to let the public know we have a problem in our community with the planning and planting of trees in easements where city laterals are; advising we adopted an ordinance regarding lateral sewer repairs for city residents and that trees and their roots are the main cause of having issues; stating several reasons why we need to move forward on sewer replacement and location throughout the city. Page 16 July 18, 2023 Vice President D. Przybylinski stated the first thing we need to do is to try and manage our tree canopy over the entire city, try to determine which trees are bad, which should be trimmed; questioning he isn’t sure what administration is doing or for whatever reason about a city arborist and is letting our street department determine what is happening to trees in our community and our park superintendent let him know that there are several parks that have trees that need attention to as well. Vice President D. Przybylinski asked if the council had any other comments, there was no response; stating that the proposed ordinance will be held over on third reading at our August 1, 2023 council meeting. The Deputy 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 NOTE: This proposed ordinance was tabled at the May 16, 2023 Council meeting until the July 18, 2023 Council meeting and a workshop was held on June 28, 2023) Vice President D. Przybylinski asked if the author had anything to add at this time. Councilwoman Zygas advised that she prepared to talk about this at the last council meeting but we didn’t get to this ordinance; stating that they had a productive meeting and a lot of landlords were present, some council members attended and we had the city inspectors present as well; that the title of the proposed ordinance has changed to “Residential Rental Registration” reporting on some of the discussions that took place and that there are still sections and language, forms, tickets, registrations, violations, that she would like to still work on, making a motion to TABLE the proposed ordinance until the August 15, 2023 Council meeting with a workshop scheduled for July 26, 2023, the motion was second by Councilwoman Deuitch, the motion carried and the ordinance was TABLED until the August 15, 2023 council meeting by the following vote: AYES: Council members Dabney, Mack, Deuitch, D. Przybylinski, and Zygas (5) NAYS: Council members P. Przybylinski and Tillman (2). NOTE: This proposed ordinance was TABLED at the June 6, 2023 Council NEW BUSINESS Vice President D. Przybylinski stated that there is no “New Business” this evening. UNFINISHED BUSINESS Vice President D. Przybylinski stated the Council has one appointment to the Urban Enterprise Board due to Mr. Ken Fly resigning effective May 23, 2023 (term will begin immediately and expire 12/31/2024) and that we will be taking the vote with the incumbents being Joseph Nelson and Sherri Wilson. Sherri Wilson addressed the council stating reasons why they wanted to serve as an Urban Enterprise Board member. Page 17 July 18, 2023 Deputy Clerk Dudley called the roll with Joseph Nelson being appointed to the Urban Enterprise Board by the following vote: Joseph Nelson: Council members Tillman, Dabney, Deuitch, and Zygas (4) Sherri Wilson: Council members Mack, D. Przybylinski, and P. Przybylinski (3). Vice President D. Przybylinski congratulated Mr. Nelson on his appointment and thanked Ms. Wilson for her presentation advising that there is a lot of work to be done on other boards and commissions encouraging to put her application in. 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. Vice President D. Przybylinski advised that this will be on the next meeting to address. Vice President D. Przybylinski advised the Council received the Energy System Group (ESG) Year three (3) Performance Guarantee Savings Report for the City of Michigan City; advising there was no action taken at the June 20, 2023 Council meeting. Vice President D. Przybylinski addressed the council regarding this report; advising that he will be scheduling a workshop with the council, interim Engineer Brad Minnick, with ESG to review and discuss their report before the next council meeting on August 1, 2023. Vice President D. Przybylinski stated that ESG gave the city a thirty (30) day extension on this report to give the council and administration time to review and discuss; advising the actual performance measurements (reports) started in 2020 with this energy project being done in 2018; the financing was done through the Bank of America which fell under what they call a “green program” for municipalities which was 1% below the prime interest rate, with the guaranteed energy saving performance contract in energy is $3,068,478.00 over an eighteen year period and is also including reductions in related capital expenditures in the amount of $1,746,825 with original contract in the amount of $3.053,284. Vice President D. Przybylinski asked the council and administration to have any questions they might have pertaining to the financing or the energy savings to email Mr. Minnick prior to the workshop so we can get them to ESG to answer at our meeting. Discussion ensued between Vice President D. Przybylinski and Councilmembers P. Przybylinski regarding if this program is saving the city money, a draw from the initial bond issued and we are paying for, need to gather all the information from ESG, what saving is happening, and that the solar panels are being inspected as well. COMMENTS FROM THE PUBLIC Vice President D. Przybylinski asked if there were any comments from the public advising there is three-minute limit to speak. Ernie Hallahan, 302 Gladys Street, commented on the proposed ordinance regarding rental properties and being able to work on your own property and to make sure that landlords check that their smoke detectors are in working condition and also commented on the appropriation for tree removal. Nancy Moldenhauer, 107 Key Lane, wanted to make sure that landlords are including carbon monoxide detectors to their list; announcing that the “Drive Clean”, Indiana’s annual conference is happening here at the Blue-Chip Casino on August 20th from 8:00 am to 2:30 pm. Page 18 July 18, 2023 Tommy Kulavik, 1316 Ohio Street, stated that he enjoyed going to the DuSable Museum in Chicago with the members of the Social Status of African American Males who took fifteen (15) youths that it was very educational. Tommy Kulavik, commented on the MCPD bicycle give away and what our department used to do with bikes that confiscated, taking them to the Indiana State Prison, the prisoners would refurbish them, and the police would give them to a child in our community that needed one. Brian Gross, 830 W. Sixth Street, presented pictures to the council showing that someone busted the windows out at 204 Willard Avenue which is a city owned building, the glass is still on the sidewalk, the city doesn’t maintain the building and not even sure if this building is structurally sound; also questioning a new motor home park located in the lighthouse mall parking lot; that our ordinance states one motor home can be placed on a lot for two (2) day without a permit but after that you have to have a fifteen (15) days with a permit only one and only twice a year, which it appears there’s an illegal structure going up, the city codes states they can have special events but if they are erecting a structure permanent or temporary they have to have a permit and follow all other codes. Mayor Parry advised Councilman D. Przybylinski that he would look into city owned property that Mr. Gross is referring to on Willard Avenue “Police Sub Station”. Councilman D. Przybylinski commented on city owned property is not being taken care and has several codes not being followed and we are expecting all other resident to follow all city codes. Dakota Euler, 718 Emma Street and just recently moved here coming from LaPorte where they have a traffic commission that you could go to if you had issues; asking what commission he would contact here in Michigan City. Mr. Euler advised that at the intersection of Ninth and Oak Street that there is a “Stop” sign going north on Oak Street, but the other intersection of that there isn’t a “Stop” or “Yield” sign and at the intersection of 8th Street and Springland Avenue there is overgrowth on the owners property, painting lines would be helpful on Springland Avenue and is a safety issue as well. Ernie Hallahan, 302 Gladys Street, advised that at Roeske Avenue and Michigan Boulevard that when heading north on Roeske Avenue across Michigan Boulevard there is lane you need to move over to that also needs painted lines that is safety issue as well. Tommy Kulavik, 1316 Ohio Street read the statute in response to Brian Gross regarding the property at 6th Street and Willard Avenue (old MCPD Substation); advising the city acquired that property in 1994, which gives the Mayor the authority over all city owned property that he should address this property and do something. Rodney McCormick, 617 Union Street commented on the proposed ordinance regarding the landlord/rental having to be inspected and that the inspection office already has a tenant landlord complaint form you can obtain and fill out; stating that we don’t need any more ordinances on the books that we don’t even enforce what we have. Vice President D. Przybylinski asked if there were any other comments from the public, there was no response. COMMENTS FROM THE COUNCIL Vice President D. Przybylinski asked if there were any comments from the Council at this time. Page 19 July 18, 2023 Councilwoman Zygas reminded everyone that she scheduled a joint workshop regarding the proposed ordinance about the registration program for rentals on July 26, 2023 at 6:00 p.m. in the council chamber. Councilwoman Zygas announced that on August 1, 2023 the right to make personal medical decisions will be taken away for more than half of Indiana residents, this will cause lives and will compromise the care of residents in a state already ranked. A vigil to mourn the loss of human rights and the right to bile the autonomy will be held in front of the “You Are Beautiful” statue on July 31, 2023 at 6:00 p.m. Councilwoman Deuitch announced that the gun violence committee comprising of herself, Councilman D. Przybylinski and Gene Simmons scheduled a committee meeting for July 24, 2023 at 6:00 p.m. in the EOC Room here at City Hall; requested from the MCPD administration data from the last few years on gun arrests, gun related deaths, calls for shots fired, and also asked for an update on any technology the department received do to ARPA and Riverboat funds. Councilman D. Przybylinski commented on the workshop that they had on June 27th regarding the garbage all over the city, the refuse department and sanitation department asking at that meeting from the Ruse Superintendent on how many violations were written for people dumping large amount of garbage in front of their homes and apartments buildings and not following city code; advising he sent me written copies of all the tickets written in 2022/2023 with the root cause/solution was presented to the council to spend a quarter of a millions dollars on a truck to pick garbage up around the city with the real root cause is accountability, responsibility of people doing what they’re supposed to do when they are getting paid. Councilman D. Przybylinski advised from the report he received there were seven (7) violations in 2022, in 2023 through June there has been no violations written; from June 27th when having this meeting there has been three (3) violations written); stating several reasons why we don’t need to spend a quarter of a million dollars on a truck that the city doesn’t need; and that our Mayor informed us at the first meeting in July that he would be bringing a plan to the council at the next meeting regarding a plan our city should be following regarding the cost to pick garbage in our city. Councilman D. Przybylinski advised that Mr. Hallahan brought up at our April council meeting regarding how bad the condition of the railroad tracks on Woodland Avenue and Roeske Avenue crossing; stating that he took a request to the BOW in May asking the board to address the condition of these crossing with Mayor Parry stating that he would contact the railroad company to get things moving and we haven’t heard anything from the administration to date; hoping this can get resolved quickly. Councilman D. Przybylinski commented on a good friend of his Mary Cannon who plays golf at the Michigan City North Golf Course volunteered to the golf department and went out there and weed whacked underneath the trees, along the fences on the course for no charge so it would look better, thanking her for all she did and that she spoke to the Mayor, Harbor Master, and Park Superintendent about the sidewalk going to the pier and it not being handicap accessible due to the weeds and all the sand. Councilman P. Przybylinski commented on the fiasco our city has regarding the pick up garbage and special pick up left in front of peoples residents, businesses and apartments; stating that he talked to all three (3) departments - Sanitation, Refuse, and Street and that all he can say is that they don’t work together as a team and there needs to be some serious discussion between them; requesting that the ordinance regarding this matter needs to be completely changed as soon as possible. ADJOURNMENT Page 20 July 18, 2023 A motion by Vice President D. Przybylinski second by Councilman P. Przybylinski and there being no further business to transact, Vice President D. Przybylinski declared the meeting ADJOURNED (approximately 9:00 p.m.) _______________________________ Gale A. Neulieb, City Clerk