City Council

Page 1 September 19, 2023 REGULAR “HYBRID/ZOOM” MEETING September 19, 2023 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, September 19, 2023, at the hour of 6:30 p.m., Hosted by “Hybrid/Zoom” and streamed live on “My Michigan City” Facebook Page. The meeting was called to order at 6:30 p.m. by President Fitzpatrick Roll call was authorized, and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Bryant Dabney, Sean Fitzpatrick, Michael Mack, Angie Nelson Deuitch, Don Przybylinski, Paul Przybylinski, Gene Simmons, Dalia Zygas, and Tracie Tillman (8). ABSENT: COUNCIL MEMBER Dalia Zygas (1). President Fitzpatrick advised that Councilwoman Zygas turned in her resignation as Councilwoman At-Large and a caucus will be scheduled to fill this position sometime next week. A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Nick Snow, Gale Neulieb 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 September 5, 2023 and August 15, 2023 Councilman D. Przybylinski made a motion to approve the minutes of the Regular “Hybrid/Zoom” meeting that was held on August 15, 223 and September 5, 2023; second by Councilman P. Przybylinski. The motion carried and the minutes were approved for the August 15, 2023 and September 5, 2023 Regular Council meeting by the following vote: AYES: Council members Simmons, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, and D. Przybylinski (8) NAYS: Council member None (0) REPORTS of STANDING COMMITTEES President Fitzpatrick asked if there were any standing committee reports, there was no response. FINANCE REPORT President Fitzpatrick asked if there were any reports from the Finance Committee. Page 2 September 19, 2023 Councilwoman Tillman advised that the Finance Committee meeting met this evening September 19, 2023 at 5:30 p.m. and there was a quorum; The Michigan City River Boat Fund #2235 claims were $6,435.00, River Boat EFT # 2235 fund claim were zero, Boyd Development EFT #2504 claims were $33,600.00; claims were for LaPorte Chrysler Inc. in the amount of $6,435.00, and Pyrotecnico Fireworks, Inc. in the amount of $33,600.00 totaling $40,035.00 with a motion made to approve the claims by Councilman Dabney and second by Councilman P. Przybylinski; the motion carried (3- 00) and the claims were approved by the following vote: AYES: Council members P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, and Simmons (8) NAYS: Council member None (0) Councilwoman Tillman advised the Michigan City Riverboat cash position fiscal year to date on September 19, 2023, ending balance was $6,243,369.42; and that they discussed during the meeting the 2024 budget salaries are all on second reading and that any amendments that may come forth tonight by the council asking that you present those this evening and moving forward we will be prepared to wrap up at our October 3, 2023 Council meeting. CLAIMS DOCKET President Fitzpatrick read the following Riverboat/Boyd Development Claims Fund for September 19, 2023 September 19, 2023 Fund #2235 – Riverboat – Claims - $ 6,435.00 EFT $ 00.00 Fund #2504 – Boyd Development - $ 33,600.00 EFT $ 00.00 TOTAL CLAIMS $ 40,035.00 President Fitzpatrick asked if there was a motion to approve the claims for September 19, 2023 in the total amount of $40,035.00. Councilman Dabney made a motion to approve the Riverboat/Boyd Claim Docket for September 19, 2023 in the total amount of $40,035.00; second by Councilman P. Przybylinski; the motion carried and was approved by the following vote: AYES: Council members P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, and Simmons (8) NAYS: Council member None (0) REPORTS FROM BOARDS AND COMMISSION President Fitzpatrick asked if there were any reports from any boards or commissions. Tommy Kulavik, 1316 Ohio Street, Fire Merit Commission, reported on their agility test that took place last Saturday, September 16, 2023 with twenty-three (23) applicants, twenty (20) passed with interviews coming up in the next few weeks. Nancy Moldenhauer, reported on the Sustainability Commission and is happy to report that on August 20, 2023 they attended the twenty-third (23) “Drive Clean – Indiana” conference/expo that was held at Blue Chip Casino; on September 8, 2023 they took part in the climate leadership summit that was held at Indiana University in NW Gary. Nancy Moldenhauer advised Councilman P. Przybylinski that the charging stations located in the public parking lot behind Warren Building that Asst. Planning Director Sylvia Collins has been assigned to that project and has been in contact with the third- Page 3 September 19, 2023 party vendor and are working with them regarding issues with the software and that customers will be being charged for charging their vehicles. President Fitzpatrick asked if there were any other reports from any boards or commissions, there was no response. REPORTS OF SPECIAL or SELECT COMMITTEES President Fitzpatrick asked if there were any reports of special or select committees, there was no response. REPORTS FROM THE MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS President Fitzpatrick asked if there were any reports from the mayor or other city officers and departments. MCFD Chief Legault reported on the following August monthly Data: Fires – 11 Rescue/Emergency Medical – 341 Hazardous conditions (non-fire) -8 Service Call – 58 False Alarm & False Call – 4 Narcan – 4 Total Number of Calls – 428 September MCFD Anniversaries Driver/Operator Daniel Legault – 26 years Firefighter Armand Busion – 9 years Driver/Operator Brock Kohler – 9 years Driver Operator Daniel Nona – 7 years Driver/Operator Dwayne Brown – 7 years Driver/Operator Nicholas Palmer – 7 years Chief Legault reported that the 2023 aerial has been delivered to Aurora, Illinois at the local dealership and that they sent the “truck” committee up for the final inspection with it being delivered at the end of this week or at the first of next week at latest; also reported the 2023 Aerial truck sales person contacted him and that he will let him know next about the delivery date of that truck; thanking the council and everyone involved for their support and are looking forward to these truck in service. Chief Legault advised Councilmen D. Przybylinski and P. Przybylinski that we have eighty-one (81) firefighters to date which is full capacity with six (6) of them at the academy; and that we should have a good list of applicants in reserve if they are needed; that none of the six were lateral transfers from another fire department. MCPD Chief Forker addressed some of questions the council had regarding statistics from the 2022 report; reported on the flock transparency portal put on “Facebook” today advising that 72% of our officers are using the search database which is above the state average; commented on the Falcon camera/plate readers advising that over the last thirty (30) days we’ve had 2,294,506 plate reads and over twenty-nine thousand IDAX alerts which are expired registrations, suspended drivers, stolen vehicles, wanted individuals; reported on case reports that weren’t addressed at his presentation. Chief Forker advised Councilwoman Tillman the intent of the Falcon is not geared towards registrations that are expired to pull someone but only if there is a probable cause, reasonable suspicion of a crime, etc. Chief Forker advised Councilman P. Przybylinski that there has been discussion about getting a crime report/crime maps on the City’s webpage showing the residents and Page 4 September 19, 2023 citizens in Michigan what crimes are happening and where; questioning if they will meet with IT and move forward on getting this done. President Fitzpatrick asked if there were any other reports from the Mayor or Other City Departments, there was no response. PETITIONS President Fitzpatrick asked the Clerk if there were any petitions. Clerk Neulieb advised there were no petitions received. COMMUNICATIONS President Fitzpatrick asked the Clerk if there were any communications. Clerk Neulieb read the following correspondence received in the Clerk’s Office. Correspondence was received in the Clerk’s Office on September 11, 2023 from Anthony Lewis, Michigan City regarding what he observed at the last Council meeting on September 5, 2023 Correspondence was received in the Clerk’s Office on September 13, 2023 from Ms. Dalia Zygas resigning from her position as a Council member Seargent Edward Anthony Lewis, United States Army and resident of Michigan City commented on what he wrote when he observed the last council meeting on September 5th; stating that the Chief Forker’s presentation was excellent and was a please to hear they are using top notch technology equipment within our community and worries about the misuse of the surveillance system. RESOLUTIONS The Clerk advised there are no resolutions this evening. ORDINANCES The Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE AMENDING SECTION 2-457 (b)(2)(b) IN CHAPTER 2, ARTILE VII OF THE MICHIGAN CITY MUNICIPAL CODE, TO AMEND THE APPOINTMENT TIME OF MEMBERS TO THE CITY COMMISSION ON THE SOCIAL STATUS OF AFRICAN AMERICAN MALES Introduced by: Angie Nelson Deuitch President Fitzpatrick asked if the author had anything to add at this time. Councilwoman Deuitch stated that this is to resolve what we have had on our agenda for most of this year, being not having an appointment to the Ministerial Alliance; advising that the amendment is to make this a Council appoint of a Michigan City resident to replace the Ministerial Alliance and also to stagger the terms so that we have instead of one year terms, which is what we have been struggling with chasing the organization a get letters for them to be appointed yearly to make these appointments Page 5 September 19, 2023 two (2) year terms beginning in 2024; and that this is the only thing being amended and has nothing to do with any of the Mayoral appointments. President Fitzpatrick asked if there were any comments from the public. Mayor Parry stated that he would hope that the council would consider, rather than a resident of Michigan City one who lives in LaPorte County, because we have metropolitan areas like Coolspring and Springfield Townships that are not in the city limits, but they’re kids go to our Michigan City area schools. Tommy Kulivak, 1316 Ohio stated pursuant to Section 2-4 to Section 2-457 of the Michigan City Social Status of African American Males is open to any county residents. President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if there were any questions or comments from the Council. Councilwoman Deuitch stated of the eight (8) appointments, there are six (6) other appoints so they can be a LaPorte County resident to support the county so it doesn’t really matter six can represent someone from the county two will live within the city limits and it will make it easier. 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 at the October 3, 2023 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE VACATING A PUBLIC WAY WITHIN THE CITY OF MICHIGAN CITY (2002 Michigan E. Blvd) Introduced by: Don Przybylinski President Fitzpatrick asked if the author had anything to add this evening. Councilman D. Przybylinski advised that Attorney Anthony Novak was present to answer any questions the council may have. President Fitzpatrick advised that we will be having a formal public hearing this evening regarding this proposed ordinance. President Fitzpatrick asked (repeating three times) “If there was anyone from the public that wished to speak on this matter” Attorney Anthony Novak, Newby, Lewis, and Kaminski Law Firm and representing the petitioner at 2002 E. Michigan Boulevard are here to ask the council to approve to vacate a public way that was plated over one-hundred years ago; explaining the plans they are proposing and would like to do when developing it in the near future; asking to have second and third reading this evening. President Fitzpatrick (repeated three times) “if there were any comments from the public at this time” there was no response with the public hearing being closed. President Fitzpatrick asked if there were any comments from the council. Councilman D. Przybylinski made a motion to have third reading this evening, second by Councilwoman Deuitch, the motion carried and the was approved to have third reading this evening by the following vote: AYES: Council members Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, and P. Przybylinski (8) NAYS: Council member None (0) Page 6 September 19, 2023 The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4703 AN ORDINANCE VACATING A PUBLIC WAY WITHIN THE CITY OF MICHIGAN CITY WHEREAS , pursuant to I.C. 36-7-3-12, the Common Council is charged with the authority to vacate public ways within the City of Michigan City, Indiana; and WHEREAS , Petitioner Singh-Gurley, LLC filed a petition with the City of Michigan City to vacate a public way within the City of Michigan City (the “Petition”); and WHEREAS , Petitioner is the owner of property located in Michigan City referred to as 2002 E Michigan Blvd, Michigan City, Indiana 46360, Parcel IDs: 46-01-27-362-011.000-022 and 46-01-27-362-002.000-022, which properties are legally described on Exhibit 1; and WHEREAS , Petitioner seeks to vacate a public way which runs through the Property, which Public Way is legally described on Exhibit 2 (the “Public Way”); and WHEREAS , Petitioner has published notice of a public hearing (the “Notice”) on the Petition on August 18, 2023 in the La Porte County Herald-Dispatch, which is a newspaper of general circulation in La Porte County, Indiana; and WHEREAS, Petitioner, via United States Postal Service by certified mail, return receipt requested, gave notice of the Petition as well as the date of the public hearing on the Petition to the abutting property owners of the Public Way, specifically to: Virk Mart, Inc., 3901 W Dunes Hwy, Michigan City, IN 46360 Kamaljit Singh and Manmohan K Kamaljit, et. al, 1630 Hogan Avenue, Chesterton, IN 46304 Hunter Hachey, 114 N Ridgeland Avenue, Michigan City, IN 46360 Philip J. Ream, 1011 Franklin Street, Michigan City, IN 46360; and WHEREAS , the Michigan City Common Council conducted a public hearing on September 19, 2023 with regard to the Petition; and WHEREAS , the Michigan City Common Council found that the Petition should be granted and the Public Way vacated; and WHEREAS , the Michigan City Common Council now finds as follows: a. That the vacation of the Public Way would not hinder the growth or orderly development of Michigan City, Indiana or the neighborhood in which it is located or to which it is contiguous; Page 7 September 19, 2023 b. The vacation of the Public Way will not make access to the lands of any property owners within Michigan City, Indiana by means of public way difficult or inconvenience; c. The vacation of the Public Way in question will not hinder the public’s access to a church, school, or other public building or place; and d. The vacation of the Public Way will not hinder the use of a public way by a neighborhood in which it is located or to which it is contiguous. NOW THEREFORE, BE IT ORDAINED by the Michigan City Common Council as follows: 1. The aforementioned “Whereas” sections as incorporated herein as if fully set forth herein. 2. The Michigan City Common Council hereby vacates the Public Way as described on Exhibit 2. 3. These proceedings shall not deprive any public utility of the use of all or part of the Public Way herein granted if at the time these proceedings are instituted the utility is occupying or using all or part of the public way for the location and operation of its facilities. 4. The City Clerk shall furnish a certified copy of this Ordinance to the La Porte County Recorder in order that same may be placed of record in the recorded of the Recorder’s Office and also a copy to the La Porte County Auditor. Introduced by:/s/Don Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if the author had anything to add at this time. Councilman D. Przybylinski stated the petitioner is asking for an alley way that was plated over a hundred years ago and was never used as an alleyway and that they want to develop this land; asking this council to approve and vacate this property so they can move forward. Councilwoman Tillman made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, the motion carried, and the ordinance was adopted by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, P. Przybylinski, and Tillman (8) NAYS: Council member None (0). The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR IMPROVEMENTS TO PAHS ROAD BETWEEN CLEVELAND AVENUE AND CLOVER LANE PER AN INTERLOCAL GOVERNMENT AGREEMENT WITH LAPORTE COUNTY, INDIANA AND THE CITY OF MICHIGAN CITY, INDIANA Introduced by: Michael Mack Bryant Dabney Paul Przybylinski Angie Nelson Deuitch Sean Fitzpatrick Tracie Tillman Page 8 September 19, 2023 Gene Simmons Don Przybylinski (DECREASE Riverboat Fund 2235 Unappropriated balance $525,000.00. INCREASE ACCOUNT#2235 000.443.030 $525,000.00 Capital Outlay – Streets) Discussion ensued between President Fitzpatrick, Attorney Harris and Clerk Neulieb regarding the incorrect date on the agenda should of read that the formal public hearing will be held tonight September 19, 2023. President Fitzpatrick asked if any of the authors had anything to add at this time, there was no response. President Fitzpatrick opened the formal public hearing (repeating three times) asking “is there anyone from the that have any comments on this proposed ordinance”. Tommy Kulavik, 1316 Ohio Street, thanked Councilman Mack for bringing this additional appropriation to the floor and he will go down as one of his legacies of a council members for doing this; thanking all the other council members for jumping on board to get this done this year; asking to have second and third reading this evening. John Franks, 209 Kenwood Place, asked if this appropriation included sidewalks and curbs. Mayor Parry advised Mr. Franks that the total project is to include sidewalks and the reason they’re not included in this portion of this expansion, is that we are going to install new sidewalks, not concrete, but a ten (10) foot wide biking/walking trail along to Cleveland Avenue and north to Barker Middle School, with the school system asking this trail to be run to the old Brown Macky building; but because it takes time to purchase the easements, it will not be done this year. President Fitzpatrick asked if there were any other public comments (repeating three times), there was no response, and the public hearing was closed. President Fitzpatrick asked if the council had any comments at this time. Councilman P. Przybylinski asked Controller Hoffmaster if there was any money left in the MVH fund that could be used towards this project; Controller Hoffmaster advised that there is no fund in the MVH fund that it was used for the operation of the Street Department and the MVH restricted funds that are used for paving is the million-dollar matching grant for Community Crossings; advising for the last twenty (20) years these MVH funds have been used strictly for operations of the Street Department with no funds left for paving – it pays their employees, maintains their snow plows, trucks, etc.; there is not enough revenue coming into that fund to budget for paving out of the MVH. Councilman P. Przybylinski commented on how we have always gone to the Riverboat Fund to purchase items and that we were technically penny less when we took office and that starting today, we need to start thinking about sustainability. Brad Minnick, Interim City Engineer advised Councilwoman Deuitch that if we pass the additional appropriation this evening, we are on schedule with Reith/Reilly to finish up this project by the end of October, 2023 with fall break for the high school on October 12 & 13, 2023. President Fitzpatrick asked if there were any other comments from the Council. Councilwoman Tillman made a motion to have third reading this evening, second by Councilman P. Przybylinski, motion carried and was approved to have third reading this evening by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, P. Przybylinski, Tillman, Dabney, and Fitzpatrick (8) NAYS: Council member None (0). Page 9 September 19, 2023 The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4704 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR IMPROVEMENTS TO PAHS ROAD BETWEEN CLEVELAND AVENUE AND CLOVER LANE PER AN INTERLOCAL GOVERNMENT AGREEMENT WITH LAPORTE COUNTY, INDIANA AND THE CITY OF MICHIGAN CITY, INDIANA 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 for improvements to Pahs Road; and WHEREAS, simultaneously filed with this Ordinance, is an Interlocal Agreement between LaPorte County, Indiana and City of Michigan City, Indiana for the paving of Pahs Road between Cleveland Avenue and Clover Lane, which the Common Council has approved; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #2235 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 Riverboat Fund 2235 Unappropriated balance $525,000.00 INCREASE ACCOUNT#2235 000.443.030 $525,000.00 Capital Outlay - Streets TOTAL FOR FUND $525,000.00 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/ Michael Mack, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council /s/ Angie Nelson Deuitch, Member Michigan City Common Council /s/ Sean Fitzpatrick, Member Michigan City Common Council /s/ Tracie Tillman, Member Michigan City Common Council /s/ Gene Simmons, Member Michigan City Common Council /s/ Don Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if any of the authors had anything to add at this time, there was no response. Page 10 September 19, 2023 President Fitzpatrick asked if anyone from the Council had any questions or comments. Councilman D. Przybylinski made a motion to adopt the proposed ordinance, second by Councilwoman Deuitch, the motion carried, and the ordinance was approved by the following vote: AYES: Council members Deuitch, D. Przybylinski, Simmons, P. Przybylinski, Tillman, Dabney, Fitzpatrick, and Mack (8) NAYS: Council member None (0). The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO FUND THE SEWER LATERAL REPAIR – PUBLIC PROPERTY FUND IN ACCORDANCE WITH ORDINANCE NO. 4689 CODIFIED IN SECTION 98-252 OF THE MICHIGAN CITY MUNICIPAL CODE Introduced by: Angie Nelson Deuitch Don Przybylinski Paul Przybylinski (DECREASE Riverboat Fund 2235 Unappropriated balance $150,000.00. INCREASE ACCOUNT#2235 000.452.000. $150,000.00 Other Financing Uses – Interfund Operating Transfer) Clerk Neulieb stated that it was advertised in the Herald Dispatch on September 6th and there will be a formal public hearing this evening. President Fitzpatrick asked the authors if they had anything to add at this time. Councilman P. Przybylinski stated he was glad this was going to be adopted this evening and that he would be asking to have third reading after the public hearing and when adopted this will be an asset for all city residents. Councilman D. Przybylinski commented on one of his neighbors having sewer/lateral problems and will qualify as part of this $150,000 being able to get their sewers repaired at no cost to them due to this ordinance and that this ordinance is going to help many of our citizens in Michigan City and is very proud to be a co-sponsor on it. President Fitzpatrick opened the formal public hearing (repeating three times) “asking if there were any comments or questions from the public, there was no response, and the public hearing was closed. President Fitzpatrick asked if the Council if they had any questions or comments. Councilman Dabney stated he was looking back in 2019 when the Sanitary District passed a resolution explaining that the sewer repairs needed to done on the residents property they would pay for and what needed to be repaired that was located on city property Sanitation would pay for those repairs (Sanitary Resolution 1409-19); advising that now we as the council is stepping in to use city funds to pay the entire project and that he feels we should go back to what was adopted in 2019 and that he is going to support it so the people that caught in the gap get paid. Councilman Dabney advised Councilwoman Deuitch that the Sanitary Resolution was adopted in 2019 with Councilwoman Deuitch advising that she would go back and look at their resolutions and minutes during that time period. Councilman P. Przybylinski commented on several concerns that has taken place in the past advising that city and Riverboat funds were always appropriated for several different Sanitary projects that they did; when infact had money in their own funds that should have been used. Page 11 September 19, 2023 Councilman P. Przybylinski made a motion to have third reading this evening, second by Councilwoman Deuitch, motion carried and was approved to have third reading this evening by the following vote: AYES: Council members D. Przybylinski, Simmons, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack and Deuitch (8) NAYS: Council member None (0). The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4705 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND TO FUND THE SEWER LATERAL REPAIR – PUBLIC PROPERTY FUND IN ACCORDANCE WITH ORDINANCE NO. 4689 CODIFIED IN SECTION 98-252 OF THE MICHIGAN CITY MUNICIPAL CODE WHEREAS, it has been demonstrated to the Common Council of the City of Michigan City that it is necessary to appropriate more money than was appropriated in the 2023 Annual Budget to fund the Sewer Lateral Repair – Public Property Fund, and WHEEAS, the Common Council recently created Section 98-252 in the Michigan City Municipal Code to establish a fund for subsidizing parts of certain sewer lateral repairs within the City of Michigan City, Indiana, and this Section outlines how monies can be utilized for said repairs; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #2235 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 Riverboat Fund 2235 Unappropriated balance $150,000.00 INCREASE ACCOUNT#2235 000.452.000 $150,000.00 Other Financing Uses – Interfund Operating Transfer TOTAL FOR FUND $150,000.00 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/ Don Przybylinski, Member Michigan City Common Council INTRODUCED BY: /s/ Paul Przybylinski, Member Michigan City Common Council President Fitzpatrick asked if any of the authors had anything to add. Councilman P. Przybylinski advised that he was proud of all the positive energy that this has generated for the council and for the general public; commenting on the letter that was written by the Mayor on August 5, 2023 and was not received in the Clerk’s Office until August 15, 2023 supporting this proposed ordinance for the $150,000.00. Page 12 September 19, 2023 President Fitzpatrick asked if there were any questions or comments from the public, there was no response. President Fitzpatrick asked if there were any comments from the council. Councilman D. Przybylinski made a motion to approve the proposed ordinance, second by Councilman P. Przybylinski, the motion carried and was approved by the following vote: AYES: Council members Simmons, P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch and D. Przybylinski (8) NAYS: Council member None (0). The Clerk read the following proposed ordinance on second 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 NOTE: This proposed ordinance was TABLED on second reading at the August 15, 2023 Council meeting to have a workshop which was held on September 6, 2023 and brought back at the September 19, 2023 Council meeting President Fitzpatrick asked if the author had anything to add at this time. Councilman P. Przybylinski made a motion to TABLE this proposed ordinance indefinitely due to not having any communication with their attorney, second by Councilwoman Deuitch, the motion carried, and the proposed ordinance was TABLED indefinitely by the following vote: AYES: Council members P. Przybylinski, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski and Simmons (8) NAYS: Council member None (0). The Clerk read the following proposed ordinance on second reading by title only. CREATING SEC. 22-70 AND SEC. 50-151 IN THE MICHIGAN CITY MUNICIPAL CODE TO REQUIRE A SOLID WASTE DISPOSAL PLAN FOR EACH APPLICATION TO THE MICHIGAN CITY PLANNING & INSPECTION DEPARTMENT FOR A BUILDING, ELECTRICAL, HVAC AND/OR PLUMBING PERMIT & CREATING SEC. 22-82(C) IN THE MICHIGAN CITY MUNICIPAL CODE TO REQUIRE THAT A BUILDING SITE BE CLEANED AND ALL CONSTRUCTION DEBRIS BE REMOVED BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED Introduced by: Don Przybylinski Angie Nelson Deuitch Bryant Dabney NOTE: This proposed ordinance was TABLED on second reading at the August 15, 2023 Council meeting to have a workshop which was held on September 6, 2023 and brought back at the September 19, 2023 Council meeting President Fitzpatrick asked if the authors had anything to add at this time. Councilman D. Przybylinski reported on the workshop they had regarding this proposed ordinance and the next ordinance on the agenda on September 6, 2023 advising that there wasn’t a lot of comments or amendments addressing them. 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. Page 13 September 19, 2023 Councilman D. Przybylinski commented on this proposed ordinance advising when we see construction work happening at a business or resident and there are piles of construction debris along the street or alley; that it is good to see the work being done, but is an eyesore for the city, neighborhood, tourist visiting our community and what the sponsors, Code Enforcement and the Planning/Inspection Department is doing is putting in some regulations and rules on how building permits are going to be distributed and what they are going to have to follow. Councilman Dabney pointed out that he spoke to several people questioning what the violations/fees for not following what is asked of a permit holder in this ordinance and if they are stiff enough to get people to comply; commenting on several of the fines that are being proposed. Councilman Simmons asked to be added as a sponsor. President Fitzpatrick asked if there were any other comments from the council, there was no response, stating this proposed ordinance will be held over on third reading at the October 3, 2023 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AMENDING SEC. 58-60 OF CHAPTER 58 OF THE MICHIGAN CITY MUNICIPAL CODE & AMENDING VARIOUS SECTIONS WITHIN CHAPTER 98 OF THE MICHIGAN CITY MUNICIPAL CODE PERTAINING TO GARBAGE, TRASH, AND RUBBISH Introduced by: Don Przybylinski Angie Nelson Deuitch Bryant Dabney NOTE: The proposed ordinance was TABLED on second reading at the August 15, 2023 Council meeting until the September 19, 2023 Council. President Fitzpatrick asked if any of the authors had anything to add at this time. Councilman D. Przybylinski commented on the discussion that took place at the workshop on September 6th, first they talked about the need to be a stricter with enforcements being done by the Refuse Department Inspector, to make sure that there isn’t trash left around any part of the city, garbage cans and recycle containers are put back by residents home (24 hour rule); questioned how many violations had been written in 2022 and was told there was none, and then for 2023 how many violations were written so far and there had been none prior to this workshop but three (3) were given out the week after the meeting, that the council was asked to appropriate $250,000 to purchase a special truck to go around and pick up garbage with council putting that on hold and they did some investigating advising the root cause wasn’t having the right equipment but how the refuse personnel superintendent was doing their job, not holding employees responsible for their actions, work ethics, need to keep track of bad and good landlords, the residents of the city should be educated by putting a flyer in their water bill, the city’s web page and also on our local news about the changes that are going to made according to this ordinance, that the Sanitary Superintendent stated they are getting a digital tracking devise that is going to provide for our refuse director that will provide him with an inventory of pickups being done, where and how many have been made and that they are going to be creating a billing schedule and billing methods at their next Sanitary Board meeting. Councilman P. Przybylinski asked to be added as a co-sponsor. Councilwoman P. Przybylinski made a motion to be able to have amendments on third reading, second by Councilwoman Deuitch, the motion carried and was approved to have amendments on third reading by the following vote: AYES: Council members Page 14 September 19, 2023 Tillman, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, and P. Przybylinski, (7) NAYS: Council member Dabney (1). President Fitzpatrick asked if there were any comments from the public. Tommy Kulavik, 1316 Ohio Street, stated that he feels this is a great ordinance and that the refuse employees deserve a raise for what they do for our community; commenting on landlords and how they take care of their properties, putting huge piles of garbage in front of their rentals when people move out. Ernie Hallahan, 302 Gladys Street, advised that there was a big pile of garbage in front of a house on Gladys Street down from his house, questioning when the regular garbage pickup is coming around why they don’t call it in or pick up some of it when going by the trash piled up. Councilman D. Przybylinski addressed Mr. Hallahan question advising that this came up at their workshop stating that is what a team player should be trained to do, communicate so we can clean our city up. Councilman Simmons also asked to be added as a sponsor and agrees with Councilman D. Przybylinski that all it takes is teamwork, communication, and work together to get things accomplished. Councilman P. Przybylinski attended this workshop and was concerned about the discussions made regarding “special pick-ups” that the residents (homeowners) are given two (2) annual pickups; that scheduled pickups for furniture, pickups for people that are evicted renters, owners/landlord piles of almost everything from food to furniture, toys, bottles, cans, etc should have to pay for the extra pickups; advising that he went to the county court house and was able to get a list from the assessor’s office of rentals/landlords and their addresses in our city of approximately 1,900 properties, that he’s not saying they are bad landlords but at least we can move forward and would like language in this ordinance that tells the inspection/code enforcement department what properties are rental homes and how address all these issues. Councilman P. Przybylinski advised that last year the city spent $628,000 in garbage disposal which included everything but that is still a lot of money for disposing trash. Councilman D. Przybylinski stated that he is hoping that the Sanitary Board is going to meet and decide on the charging rate they will be proposing. 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 third reading at the October 3, 2023 Council meeting. NOTE: President Fitzpatrick called a five-minute recess. The Clerk read the following proposed ordinance on second reading by title only. ORDINANCE OR RESOLUTION FOR APPROPRIATION AND TAX RATES Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if there were any comments from the sponsor. Councilman P. Przybylinski made a motion to amend the proposed ordinance to cut two (2) million dollars from this proposed ordinance, with $500,000 cut directly from the Riverboat funds, second by Councilwoman Tillman, the motion carried, and the amendment read was approved by the following vote: AYES: Council members Fitzpatrick, Deuitch, D. Przybylinski, Simmons, P. Przybylinski, and Tillman (6) NAYS: Council member Dabney and Mack (2). Page 15 September 19, 2023 President Fitzpatrick advised that this is the 2024 proposed budget; asking if the sponsor had anything else to add, 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 there were any comments from the council. Councilman Dabney questioned who was going to make these cuts and who is going to be responsible for pinpointing the two (2) million dollars with the $500,000 directly from the Riverboat Fund or is the Controller’s Office responsible for these cuts; stating several concerns if the Council would be making the cuts and doing the wrong thing. President Fitzpatrick stated that the cuts would be left up to the administration. Councilwoman Deuitch advised that her first question is that last year amendments were received and we scheduled a workshop prior to the Council meeting to discuss them, making a motion to be able to have amendments on third reading, second by Councilman P. Przybylinski, the motion carried and was approved to be able to make amendments on third reading to this proposed ordinance by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, P. Przybylinski, Tillman, and Fitzpatrick (7) NAYS: Council member Dabney (1). Councilwoman Deuitch advised last year’s cuts were from the Riverboat Fund and this time we’re saying $500,000 from the Riverboat Fund directly and 1.5 million dollars from wherever else in the proposed 2024 budget; questioning what will the impact be from the administration’s perspective and if we need to have a joint workshop and maybe schedule it for during the Finance meeting on October 3rd and get their recommendations; that if we need to increase their proposal we can do it on third ready; requesting to hear comments from the administration. President Fitzpatrick asked if there were any questions or comments from the public, there was no response. President Fitzpatrick asked if there were any other comments from the council. Councilman D. Przybylinski commented that we just went through the budget hearings and believes that there should be one more run through by the administration to pinpoint some opportunities that possibly we can cut to save money and reel back the spending from the Riverboat Fund. Councilman Dabney stated that his concern on the flip side of this is they if they pinpoint certain cuts and come back and the council doesn’t agree with those cuts; then are we going to have to TABLE the proposed ordinance which will be pushing the timetable back in terms of getting our budget submitted, advising that he was hoping that this would come out of the Finance Committee when we had time to address any amendments. Councilwoman Tillman added in regards to this coming forth today that during the Finance Committee budget hearings it was always conveyed and even today that if there were any amendments, they were presented by the Finance Committee to the Council, at that point, it is out of the Finance Committee’s hands in regard to if any of the council members choose to or want to make any additional amendments; that those conversations don’t necessarily have to come from the Finance Committee because each individual that is here is representing their ward and know what they feel is in the best interest of their ward in making those decisions and wanted to clarify that this was not something that was overlooked and that any council member can make a motion to amend anything pertaining to the 2024 budget for the city. Councilman P. Przybylinski stated that we did this before and that we need to look at the main issue which is sustainability; advising that it was stated in our meetings that Page 16 September 19, 2023 they are the professionals; so, let them go through the proposed 2024 budget and come back with they feel amendments that will help save the city money. 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 third reading at our October 3, 2023 Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING SALARIES AND WAGES FOR APPOINTED OFFICIALS AND EMPLOYEES OF THE CITY OF MICHIGAN CITY, INDIANA, FOR THE CALENDAR YEAR 2024 Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if the authors had anything to add. President Fitzpatrick advised this is basically related to the 2024 proposed salaries for appointed officials and employees. President Fitzpatrick asked if there were any comments from the public. Tommy Kulavik, 1316 Ohio Street, advised that we have the best municipal workers you’ll find anywhere. Councilwoman Tillman advised that she filed the following amendment in the Clerk’s Office and that everyone received a copy this evening, making a motion; reading the following proposed amendments: WHEREAS, pursuant to IC 36-4-7-3, the Common Council of the City of Michigan City may by ordinance reduce, but may not increase, any salaries and wages set by the Mayor; and WHEREAS, the Finance Committee of the Common Council of the City of Michigan City has recommended the following amendments to the schedule of salaries and wages set by the Mayor for Calendar Year 2024: 1. The proposed increase in the salary of the Police Chief should be reduced from thirteen percent (13%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Police Chief shall be established at $93,440.06. 2. The proposed increase in the salary of the Deputy Police Chief should be reduced from thirteen percent (13%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Deputy Police Chief shall be established at $84,617.68. 3. The proposed increase in the salary of the Fire Chief should be reduced from twelve percent (12%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Fire Chief shall be established at $92,910.06 4. The proposed increase in the salary of the Deputy Fire Chief should be reduced from twelve percent (12%) to six percent (6%) over Calendar Year 2023, so that the Calendar Year 2024 salary for the Deputy Fire Chief shall be established at $84,119.48. Councilman P. Przybylinski second the motion, the motion carried and the amendments were approved by the following vote: AYES: Council members Mack, Deuitch, D. Przybylinski, Simmons, P. Przybylinski, Tillman, Dabney and Fitzpatrick (8) NAYS: Council member None (0). President Fitzpatrick asked if there were any other comments from the Council, there was no response; stating the proposed amended ordinance will be held over on third reading at the October 3, 2023 Council meeting. Page 17 September 19, 2023 The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE MAYOR Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if the authors had anything to add at this time. President Fitzpatrick advised this is the proposed ordinance regarding the annual salary for the Mayor in 2024. President Fitzpatrick asked if there were any comments from the public, there was no response. President Fitzpatrick asked if there were any comments from the council. there was no response; stating this proposed ordinance will be held over on third reading at our October 3, 2023, Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING THE ANNUAL SALARY FOR THE CITY CLERK Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if the authors had anything to add at this time. President Fitzpatrick advised that this is the proposed annual budget for the City Clerk. President Fitzpatrick asked if there were any questions or comments from the public, there was no response. President Fitzpatrick asked if there were any comments from the council, there was no response. stating this proposed ordinance will be held over on third reading at our October 3, 2023, Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE ESTABLISHING SALARIES FOR THE FIRE DEPARTMENT OF THE CITY OF MICHIGAN CITY FOR THE CALENDAR YEAR 2024 Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if the authors had anything to add at this time. President Fitzpatrick advised that this is the proposed 2024 calendar year budget for the Fire Departments. President Fitzpatrick asked if there were any comments from the public. Tommy Kulavik, 1316 Ohio Street advised their salaries were negotiated by their contract and will expire December 30, 2024; stating some ideas that the LIT funds could be spent on at Christmas time or on their birthdays for both the police and fire employees. President Fitzpatrick asked if there were any comments from the public, there was no response. President Fitzpatrick asked if there were any comments from the council. There was no response; stating this proposed ordinance will be held over on third reading at our October 3, 2023, Council meeting. Page 18 September 19, 2023 The Clerk read the following proposed ordinance on second reading by title only. ESTABLISHING THE SALARIES FOR THE MICHIGAN CITY POLICE DEPARTMENT FOR THE CALENDAR YEAR 2024 Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if either of the authors had anything to add. President Fitzpatrick advised that this is the proposed 2024 calendar year budget for the Police Departments. President Fitzpatrick asked if anyone from the public had any questions or comments at this time, there was no response. President Fitzpatrick asked if anyone from the council had any comments from the Council, there was no response, stating the proposed ordinance will be held over on third reading at our October 3, 2023, Council meeting. The Clerk read the following proposed ordinance on second reading by title only. AN ORDINANCE SETTING THE ANNUAL SALARIES FOR THE COMMON COUNCIL MEMBERS Introduced by: Sean Fitzpatrick Paul Przybylinski President Fitzpatrick asked if there were any comments from the authors. President Fitzpatrick advised that this ordinance is the annual proposed budget for 2024 for the Council members. President Fitzpatrick asked if there were any comments from the public. Tommy Kulavik, 1316 Ohio Street, stated that all council members should receive an annual salary comparable to surrounding communities in Indiana and that they should be offered health insurance to entice more young people to get involved in government. President Fitzpatrick asked if there were any comments from the council, there was no response; stating that this proposed ordinance will be held over on third reading at our October 3, 2023 Council meeting. NEW BUSINESS President Fitzpatrick advised that there was no new business. UNFINISHED BUSINESS President Fitzpatrick stated that was no Unfinished Business this evening. Page 19 September 19, 2023 COMMENTS FROM THE PUBLIC President Fitzpatrick asked if there were any comments from the public. Scott Melland, 200 Kenwood Place, advised that he was too late to talk about refuse pickups and what may be being proposed; but the main reason for being here is having the flock cameras, having real civil liberty kind of issues about these cameras and privacy; commenting on the 2.2 million hits they’ve had, which is a lot of surveillance and do we need that much surveillance in our small town. Councilman D. Przybylinski commented and explained how the proposed ordinance regarding special pick-ups was created having several committees, workshops, and meetings. Nancy Moldenhauer, 107 Kaye Lane reminded everyone that this week is “National Voter Registration Week: asking everyone to check and make sure they are registered to vote and encourage young people to register to vote for their first time. Dakota Euler, 718 Emma Street, expressed the same sentiments about getting out and registering to vote and to encourage high school students that they can also work at the election polls on election day. Mr. Euler thanked the Street Department for their hard work cutting and trimming trees and brushes in the alleyway behind his house; requesting again that the striping on Roeske Ave at Michigan Boulevard is dangerous and needs to be painted before there is a head on collision. Ernie Hallahan, 302 Gladys Street, reminded everyone that he brought up the issues regarding Roeske Avenue and Michigan Blvd. that the striping needed to be done before an accident happens; commenting on how he feels about our city population going down, that we have few industries in town; but we do have the double track which closed so many intersections on the east and west side in our city. President Fitzpatrick asked if there were any other comments from the public, there was no response. COMMENTS FROM THE COUNCIL President Fitzpatrick asked if there were any comments from the Council. Council Dabney commented on Councilwoman Dalia Zygas resigning from the council on September 13, 2023, stating so many positive things she did for our community, recognizing some of the items she supported and put a lot of work into, that she really cared about the people in Michigan City; that she was his cell mate during the time she was on the council and that she will be missed by many. Councilman Dabney commented the Sola groundbreaking that took place at the “Your so Beautiful” lot next to city hall; advising that he is getting good reviews about it coming to our community and bad reviews that the people living here aren’t going to be able to afford to stay due to property tax will be skyrocketing, but property taxes is what pays the freight – police officers, fireman, sewers, sanitation, employees, mayor, etc. so we have to think about that as well; we need these kind of investments happening in our city, advising that he is going to be voting for investors and developers that to want to come to Michigan City make our community in the long run a great place to stay and live. Councilwoman Deuitch wished Dalia Zygas well, she’s been very thoughtful, and very fair when she deliberated and she appreciated that; commenting on the new development on social media; we’ll assist our residents the need that they need in the future, but there’ll be more developments to come as well and hopefully the council in the future will grow to understand; remembering the back/forth and concerns before adopting the bond; but do hope that there is information workshop, that she partner with Page 20 September 19, 2023 the LaPorte County building trades and have scheduled a workshop on September 28, 2023 and will be at the NIKA IBEW training center at 5:30 to talk about the pros and cons of project labor agreements and responsible bidders ordinances and will have copies of our hiring ordinance there for review; there will be a lot of informative information that will talked about and can be better educated on how we move forward on any project being proposed to our city. Councilman P. Przybylinski stated that he was happy that the additional appropriation for the $150,000 was approved this evening; advising at the last council meeting he had an exchange with the Controller reiterating the fact that he questioned why the controller’s office wasn’t complying with the timeframe of the adopted ordinance; the letter from the mayor was stamped August 15, 2023; stating that to date it has been ninety-seven days since the ordinance was adopted and should of been paid a lot sooner than now. Councilman P. Przybylinski advised that the list of rental property owners he got at the Court House took him ten (10) minutes to get and that the inspection department could have got the same information for the workshop so it could have been presented then. Councilman P. Przybylinski reached out when he was at the county courthouse asking for the information on what the future shutdown of the NIPSCO Gen Station is going to do to our effect on our tax base and that we need more information on the removal of the coal ash from that property. Councilman D. Przybylinski wished Councilwoman Zygas good luck in her future, her endeavors, and with her health; that she was a very good congenial council person and very professional; she wore her job to her heart and had a lot of good intentions. Councilman D. Przybylinski thanked the MCFD Local 475 for the golf outing they on last week that he and Councilwoman Deuitch participated, it was a great time and the money they made is to provide scholarships, Thanksgiving and Christmas food baskets and several other events in our community. Councilman D. Przybylinski is hopeful that in the future that the city will create a position for a recreational director; advising that a recreational director was put in the 2024 budget with Controller Hoffmaster and Mayor Parry removing that position; stating several reasons why we should have a recreational director in our community with all the developing coming to our city; commenting on items in the 2024 budget that this administration is proposing and doesn’t agree with. Councilman Simmons thanked Councilwoman Dalia Zygas for her service and time she served on the council that it certainly has been a please working with her. ADJOURNMENT A motion was made by Councilman P. Przybylinski second by Councilwoman Deuitch and there being no further business to transact, President Fitzpatrick declared the meeting ADJOURNED (approximately 9:11 p.m.) _________________________________ Gale A. Neulieb, City Clerk Page 21 September 19, 2023