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City Council

Regular Meeting

Michigan City, IN · November 8, 2023

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Minutes

Page 1 November 8, 2023 REGULAR “HYBRID/ZOOM” MEETING November 8, 2023 The Common Council of the City of Michigan City, Indiana, met in Regular session on Wednesday evening, November 8, 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. President Fitzpatrick congratulated everyone who won last night in our municipal elections and also would like to issue a thanked all of those who will not be continuing with us moving going forward in 2024. PRESENT: COUNCIL MEMBERS Bryant Dabney, Sean Fitzpatrick, Michael Mack, Angie Nelson Deuitch, Don Przybylinski, Gene Simmons, Vidya Kora, and Tracie Tillman (8). ABSENT: COUNCIL MEMBER Paul Przybylinski (1). President Fitzpatrick advised that Councilman P. Przybylinski would be absent this evening and is excused. A QUORUM WAS NOTED PRESENT ALSO, PRESENT: Council Attorney Jewel Harris, Gale Neulieb Clerk (on “Zoom”). 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 October 3, 2023 or October 17, 2023. Councilman D. Przybylinski made a motion to approve the minutes of the Regular “Hybrid/Zoom” meetings that were held on October 3, 2023 and October 17, 2023; second by Councilman Kora. The motion carried and the minutes were approved from the October 3, 2023 and the October 17, 2023 Regular Council meetings; by the following vote: AYES: Council members Deuitch D. Przybylinski, Simmons, Kora, Tillman, Dabney, Fitzpatrick and Mack (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 November 8, 2023 Councilwoman Tillman reported on the Michigan City Finance Committee that met November 8, 2023 at 5:37 p.m. stating there was a quorum for the meeting with the Michigan City Riverboat and Boyd Claim docket dated for November 8, 2023; Riverboat funds #2235 claims were in the amount of $249,821.00, Riverboat EFT claim docket #2235 had zero claims, the Boyd Development EFT #2504 claim docket also had zero claims; with the total claims for November 8, 2023 in the amount of $249,821.00; stating those claims were for Spencer Manufacturing which were automobile expenses for the MCFD 2023 brush truck and that if anyone has any questions regarding this purchase the finance committee did receive a picture of what the MCFD will be receiving. Councilwoman Tillman advised the City of Michigan City Riverboat statement of cash position fiscal year to date November 7, 2023 grand total ending balance of $4,802,916.18. CLAIMS DOCKET President Fitzpatrick read the following Riverboat/Boyd Development Claims Fund for October 17, 2023 November 8, 2023 Fund #2235 – Riverboat – Claims - $ 249,821.00 EFT $ 00.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 249,821.00 President Fitzpatrick asked if there was a motion to approve the claims for November 8, 2023 in the total amount of $249,821.00 Councilman Dabney made a motion to approve the Riverboat/Boyd Claim Docket for November 8, 2023 in the total amount of $249,821.00; second by Councilman Kora; the motion carried and was approved by the following vote: AYES: Council members D. Przybylinski, Simmons, Kora, Tillman, Dabney, Fitzpatrick, Mack and Deuitch (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 member reported that they did their interviews and certified their hiring list; advising that they have nineteen (19) on their hiring list, with four (4) retirements coming next year. 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. Page 3 November 8, 2023 REPORTS FROM THE MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS 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 any correspondence was received. Clerk Neulieb read the following correspondence received in the Clerk’s Office. In accordance with Ordinance No. 4538 an accident report that took place with a MCFD vehicle on September 24, 2023 was received in the Clerk’s Office on October 24, 2023 Correspondence was received in the Clerk’s Office on October 26, 2023 from Scott Meland regarding the City’s advertisement policy for job openings they are trying to fill. RESOLUTIONS The Clerk read the following resolution by title only. MICHIGAN CITY COMMON COUNCIL RESOLUTION NO. 4903 AUTHORIZING THE WAIVER OF PERMIT FEES FOR RENOVATIONS OF THE OLD BROWN-MACKIE BUILDING OWNED BY THE MICHIGAN CITY AREA SCHOOLS TO EXPAND THEIR VOCATIONAL PROGRAMMING WHEREAS, the City has consistently recognized the need to support the Michigan City Areas Schools (hereinafter referred to as “MCAS”), which is exemplified by some of the following collaborations: a. Creating the Promise Scholarship Program to provide scholarships to college bound residents graduating from the Michigan City High School; b. Providing MCAS with $500,000.00 in funding from the Boyd Development Fund to assist the MCAS in updating its information technology (IT) equipment, programs, and infrastructure; c. Providing a school resource officer to MCAS for five (5) years at no cost to MCAS in exchange for the transfer of the Eastport School site to the City; d. Waiving permit fees for MCAS for their Solar Project, which said Solar Project was installed at various MCAS buildings; e. Waiving permit fees for MCAS for their initial renovations after acquiring the Old Brown-Mackie Building, located at 1001 US-20, Michigan City, Indiana (hereinafter referred to as “the Building”); and WHEREAS, MCAS will be remodeling and making various alterations to the Building to make the Building a state-of-art facility for vocational training for high school students to Page 4 November 8, 2023 include, but not be limited to, some of the following programming: pre-kindergarten certification, criminal justice, health, building trades, welding, and automotive trades; and WHEREAS, the anticipated cost of the remodeling and alterations to the Building for the vocational programming is estimated to be approximately $12.438 Million Dollars; and WHEREAS, the Michigan City Planning & Inspection Department has advised that the building permit fees for said renovations will total $99,888.00 and that the mechanical permit fees for said renovations will total approximately $3,000.00; and WHEREAS, the Common Council wishes to lessen the financial burden for the Michigan City Areas Schools in remodeling and making various alterations to the Building to expand their vocational programming by waiving the building permit fees for said renovations totaling $99,888.00 and the mechanical permit fees totaling approximately $3,000.00. NOW, THEREFORE, BE IT RESOLVED by the Michigan City Common Council as follows: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. The Michigan City Planning and Inspection Department shall waive the building permit fees in the amount of $99,888.00 and the mechanical permit fees in the proximate amount of $3,000.00 for the remodeling and alterations to the Building. 3. Upon passage of this Resolution, the City Clerk will send a copy to the City Controller and the Director for the Planning and Inspection Department for their records and future presentation to the State Board of Accounts. This Resolution shall be in full force and effect after passage by the Michigan City Common Council and approval by the Mayor. INTRODUCED BY: /s/ Don Przybylinski, Member Michigan City Common Council /s/ Angie Nelson Deuitch, Member Michigan City Common Council /s/ Paul Przybylinski, Member Michigan City Common Council /s/ Michael Mack, Member Michigan City Common Council /s/ Tracie Tillman, Member Michigan City Common Council /s/ Bryant Dabney, Member Michigan City Common Council /s/ Gene Simmons, Member Michigan City Common Council /s/ Vidya Kora, Member Michigan City Common Council President Fitzpatrick asked if any of the authors had anything to add at this time. Councilman D. Przybylinski advised that the school system contacted him about this proposed resolution regarding waving the fees for their building permit and mechanical permit; explaining what the school system wanted to do advising that there are representatives from the school system present if anyone has any questions. Stating that they are expanding into the corner building that was located next to the preschool building they redesigned and will be making it into a 12.5 million dollar vocational schooling program facility; asking the city to waive the construction fees of $99,888.00 and mechanical fees of $3,000.00; stating that he is in full support of waving these fees. Councilwoman Deuitch advised that she reached out to the school system asking them about waving 50% rather than the full amount since the fees have gone up; asking the Page 5 November 8, 2023 Controller’s Office what this does if waving the full amount to our 2024 budget that we are a partner of this project and support it, but I want the public to know that she did reach out to the school to talk to them about a different percentage (50%) just in case we were going to run into an issue, supporting this fully but wanted to make she did her due diligence and reach out to the administration. President Fitzpatrick asked if there were any questions or comments from the public. Dave Williamson, 605 Whiteoak Drive, Operations Manager Facilities Engineer for the Michigan City School District and Kevin Wire Michigan City Schools; addressed the council advising that any money is welcome, doing a brief overview of the proposed project. Councilman Mack asked if the auto shop was going to stay at the AK Smith Center and if they are going to move forward to training students regarding electric vehicles. Mr. Willaimson advised that they are currently discussing adding the electrical vehicles in the automotive center but depends on the space. Discussion ensued between Mr. Willaimson and Councilman Kora advising they are looking at having the following three programs at the AK Smith Center a cosmetology program, adult education, and a culinary program. Mr. Williamson advised that most of the construction will be done by next fall with hopes of moving in just before Christmas. Councilman Simmons asked to be added as a sponsor. Councilman Kora also asked to be added. Councilwoman Tillman asked Controller Hoffmaster if the revenue of these building permits in the amount of 50% opposed to the 100% effect our 2024 budget. Controller Hoffmaster stated that they make the estimates for all our permitting fees based on historical numbers from the last three (3) to five (5) years; advising she would probably not be truthful if she would say they would miss this $100,000 that would be going into our general fund due to her constantly looking for ways to bring money into that fund, but it will not have any impact on the 2024 budget for next year if we do not receive this $100,000. Tommy Kulavik, 1316 Ohio Street, stated that he is fully in support of this that it will help our school system to waive these permits. President Fitzpatrick asked if there were any other comments from the council. Councilman D. Przybylinski made a motion to approve the proposed resolution, second by Councilwoman Deuitch, the motion carried, and the resolution was approved by the following vote: AYES: Council members Simmons, Kora, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, and D. Przybylinski (8) NAYS: Council member None (0) The Clerk read the following proposed resolution by title only. A RESOLUTION OF THE MICHIGAN CITY COMMON COUNCIL RE-DESIGNATING THE MICHIGAN CITY URBAN ENTERPRISE ZONE FOR A PERIOD OF FIVE-YEARS FROM THE CURRENT SUNSET DATE OF DECEMBER 31, 2023 Introduced by: Paul Przybylinski Michael Mack President Fitzpatrick asked if the sponsors had anything to add at this time. Page 6 November 8, 2023 Councilman Mack advised the President of the Urban Enterprise Zone had a family emergency and that Ms. Chapel will be addressing the proposed resolution. Gabriel Chappel, 8303 N. 400 W. Interim Executive Director from the Michigan City Urban Enterprise Association asked the council’s support extending the Urban Enterprise Zone an additional five (5) years so they can continue to make an impact on our community; explaining the what the Urban Enterprise Association grants received and what amount was received for residential, business, and investment project amounts were involved was $271,000 in business projects and $31,640 for residential improvements; reporting on what has happened in 2023 and what the duties are of this commission. Darrin Huber, 401 Fir Street, Vice Chair of the Urban Enterprise Association of Michigan City; thanked Councilman Paul Przybylinski and Councilman Mack for introducing this proposed resolution this evening and is here to urging the entire council to redesignate the Urban Enterprise Zone for an additional five (5) years, stating several reasons why this is an asset and an investment to our community. Jeremy Rossi, 901 Indiana Avenue, LaPorte co-owner of the Uptown Social at 907 Franklin Street stated he is here on behalf of his business, advising the council how the Urban Enterprise helped him receive a grant to renovate their ball room floor in his building; stating several reasons why the councils should support and move forward on this resolution. Kevin Brown, owner of Reprographic Arts, 2824 E. Michigan Boulevard, addressed the council explaining his experience he had with the Urban Enterprise zone when filing for a grant to help expand his business which he was able to add three (3) additional employees to his staff and is grateful for their help and support. Scott Meland, 200 Kenwood stated that this sounds like a great program questioning where their funding comes from and does this cost the city anything and what are the financial considerations. Ms. Chappel advised that the grants that are approved must be located in the “urban zone” and they pay back 35% of the funds they receive through the tax savings which allows them to invest into the Urban Enterprise Zone through the residential grants and the business gains. Councilwoman Deuitch asked if she could have that information regarding the breakdown of the calculations and the spread sheets; questioning if everything was resolved and if so would like a copy of that information as well. Ms. Chappel stated that it has been resolved through our attorney, through the state UEZ program as well as the Indiana Department of Revenue. Councilwoman Deuitch asked if she had that information with her this evening; with Ms. Chapel advising that she didn’t but would get it to her and the council. Councilman D. Przybylinski questioned if there has been any advertising done to advise people that live in the Urban Enterprise Zone, that there are grants and funding available to help not only businesses but residents. Ms. Chappel advised that they currently have a Facebook page and that they have been trying to promote more and have been working with their consultants from SEH to find out what other enterprise zones have done and are doing. Lawrence Zimmer, 110 Elmwood Drive, President of Plan Commission/Board of Zoning Appeals, the Historic Preservation Commission, and the Urban Enterprise Association; advised that he wanted to voice his strong support for this program stating several reasons why it is important to approve and extend the five (5) year plan. Page 7 November 8, 2023 President Fitzpatrick asked if there were any other comments from the council, there was no response. President Fitzpatrick asked if the Council had any questions or comments. Discussion ensued between Councilman Dabney and Darrin Huber regarding the business grants that was done when he was liaison; at the present time the business has to do at least $15,000 worth of work and the business will get reimbursed $7,500, that a new business would need money upfront which should be a possibility to happen with these grants, the reimbursement for businesses is now up to $7,500 and if your improvements are only $5,000 they can reimburse 50% being $2,500, with no minimum. Councilwoman Tillman advised that she sat on the UEZ as liaison for two (2) years (2021-2022) questioning about the SEH and now it has been resolved; commenting on the grocery store on the eastside of the city that was unable to UEZ funding back; questioning if anything had been implemented or put in place as somewhat of a safety net for a new business for whatever reason if the business doesn’t come to fruition and those funds paid out, so those fund will get paid back. Ms. Chappel advised that there hasn’t been another instance like that and haven’t had an opportunity where we’ve invested in a startup fee to date; advising that the home improvement applications/grants have all been approved but one and that was due to their income was too high to apply. Councilman Mack thanked the UEZ members for attending this meeting and informing the council about what is happening in the UEZ and is so impressed with Tommy’s job he is doing with this board. Councilman Kora asked to be added as a sponsor to this resolution; stating that he is impressed and appreciates all the volunteers who serve on this board and give their time to promote our community thanking them for all they do. Councilwoman Deuitch made a motion to TABLE the proposed resolution until the next meeting, asking Ms. Chappel to provide all council members the information about what transpired, who’s paying into what, that we are caught up and that everything has been cleared, she would like to see those documents as well before the next meeting on November 21, 2023; requesting also for a copy of their annual budget for 2024 before the next meeting. The motion was second by Councilmen D. Przybylinski and Dabney, the motion carried and the proposed resolution was TABLED until the next council meeting on November 21, 2023 and receive the documents Councilwoman Deuitch requested by the following vote: AYES: Council members Kora, Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, and Simmons (8) NAYS: Council member None (0) ORDINANCES The Clerk read the following proposed ordinance on first reading by title only. AN ORDINANCE TO ESTABLISH RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS & CREATING SEC. 2-345 IN THE MICHIGAN CITY MUNICIPAL CODE Introduced by: Angie Nelson Deuitch Don Przybylinski Paul Przybylinski President Fitzpatrick asked if the authors had anything to add at this time. Page 8 November 8, 2023 Councilman D. Przybylinski read the following Whereas’s in the proposed ordinance for the public. WHEREAS, the City of Michigan City, Indiana is required by law to award capital improvement contracts to the "lowest responsive and responsible” bidder; and WHEREAS, the City, based upon its experience, has determined that quality workmanship, efficient operation, safety, and timely completion of projects requires all bidders meet certain minimum requirements in order to be a "responsive and responsible" bidder; and WHEREAS, applicable state law also requires that bidders meet certain minimum requirements in order to be a “responsive and responsible" bidder; and WHEREAS, the City seeks to enhance its ability to identify “responsive and responsible" bidders on all City public works construction projects by institution of more comprehensive submission requirements, which are in compliance with Indiana state law; and WHEREAS, this "Responsible Bidding Practices and Submission Requirements" Ordinance will preserve administrative resources by ensuring that only qualified contractors and subcontractors are awarded contracts on public works construction projects; and WHEREAS, this "Responsible Bidding Practices and Submission Requirements" Ordinance will assure efficient use of taxpayer dollars, will promote public safety and is in the public interest; and WHEREAS, this "Responsible Bidding Practices and Submission Requirements" Ordinance will help ensure that no contractor awarded work under this Ordinance, or any subcontractor at any tier working on a project awarded pursuant to this Ordinance, engages in payroll fraud, including the misclassification of employees as independent contractors to avoid paying state, federal or local payroll taxes, workers compensation insurance, unemployment insurance premiums and failing to pay overtime and wages as required by law. Councilwoman Deuitch stated that they will be scheduling a workshop to discuss this proposed ordinance further and that there was a public meeting held with the LaPorte Building Trades that some of our council members attended at the EBEW building and talked through some of the language that is being proposed, with this being the first draft to be able to get this on agenda; advising that there will be some amendments being made regarding who will be managing the process and also to add some of the language from the hiring ordinance. President Fitzpatrick asked if there were any comments from the public. Marcella Kunstek, Construction Analyst Indiana-Illinois-Iowa foundation for fair contracting, 6170 Joliet Road, Countryside, IL; advising their company was established to promote support and encourage fair contracting stating several positive comments about this ordinance and thank the council for their consideration and adoption of the proposed ordinance to establish responsible practices. By adopting this ordinance it will promote local skilled works, workforce development in our community and hopefully increase the opportunity for young men and women in Michigan City; asking if the council would please consider perhaps dropping the threshold to $150,000 which will align with the current state bidding statute and also encourage adding the language under bid submission that would allow the threshold to change automatically Ms Kunstek advised Councilwoman Deuitch and Councilman D. Przybylinski the state bidding is a threshold that they can set this amount to fit what this council feels is good for the city and $150,000 is just when the state statute kicks in and says you will advertise when bidding. Attorney J. Harris stated that so that we are not confused by the terminology the $150,000 isn’t just about public bidding, but rather addition criteria involving what will be determined to be responsible. Page 9 November 8, 2023 President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if the council had any questions or comments. Councilman Kora 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 ordinance will be held over on second reading at our November 21, 2023 council meeting. The Clerk read the following proposed ordinance on second reading by title only. APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR THE EIGHTH ADDITION OF THE INITIAL PLAN FOR USE OF A PORTION OF THE CITY’S ALLOTMENT OF LOCAL FISCAL RECOVERY FUNDS THROUGH THE AMERICAN RESCUE PLAN ACT TO ALLOCATE MONIES TO ASSIST WITH THE FUNDING OF THE OLD BANDSTAND PRESERVATION PROJECT Introduced by: Angie Nelson Deuitch Bryant Dabney Don Przybylinski Vidya Kora Michael Mack (DECREASE ARP Coronavirus Local Fiscal Recovery Fund 2407 Unappropriated balance $140,500.00 INCREASE ACCOUNT #2407.000.444.050 $140,500.00 Capital Outlay – Other Improvements) President Fitzpatrick advised that there is a “Formal Public Hearing: this evening. President Fitzpatrick asked if the authors had anything to add. Councilwoman Deuitch advised that there was a presentation by Shannon Eason Asst. Park Superintendent at our last council meeting and that after the public hearing she will be asking to have third reading this evening. President Fitzpatrick opened the “Formal Public Hearing” (repeating three times), “ Is there anyone from the public that wished to speak on this ordinance” Tommy Kulavik, 1316 Ohio Street, stated that he fully supports this additional appropriation commenting on some of the history he has regarding the bandstand and is a cherished landmark within our community. President Fitzpatrick asked (repeating three times) “If there was any other comments from the public”, there was no response and the public hearing was closed. President Fitzpatrick asked if there were any comments from the council. Councilwoman Deuitch made a motion to suspend the rules and have third reading on this proposed ordinance, second by Councilman D. Przybylinski, the motion carried and was approved to have third reading this evening by the following vote: AYES: Council members Tillman, Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, and Kora (8) NAYS: Council member None (0) The Clerk read the following proposed ordinance on third reading by title only. MICHIGAN CITY COMMON COUNCIL Page 10 November 8, 2023 ORDINANCE NO. 4716 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR THE EIGHTH ADDITION TO THE INITIAL PLAN FOR USE OF A PORTION OF THE CITY’S ALLOTMENT OF LOCAL FISCAL RECOVERY FUNDS THROUGH THE AMERICAN RESCUE PLAN ACT TO ALLOCATE MONIES TO ASSIST WITH THE FUNDING OF THE OLD BANDSTAND PRESERVATION PROJECT 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 help fund the Old Bandstand Preservation Project through monies the City received from the American Rescue Plan (ARP); and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the ARP Coronavirus Local Fiscal Recovery Fund #2407 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 ARP Coronavirus Local Fiscal Recovery Fund 2407 Unappropriated balance $140,500.00 INCREASE ACCOUNT #2407.000.444.050 $140,500.00 Capital Outlay – Other Improvements TOTAL FOR FUND $140,500.00 This Ordinance to be effective upon passage by the Council, approval by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Bryant Dabney, Member Michigan City Common Council /s/Angie Nelson-Deuitch, Member Michigan City Common Council CO-SPONSOR /s/ Don Przybylinski, Member Michigan City Common Council CO-SPONSOR /s/ Vidya Kora, Member Michigan City Common Council CO-SPONSOR /s/Michael Mack, Member Michigan City Common Council President Fitzpatrick asked if any of the authors had anything to add at this time, there was no response. President Fitzpatrick asked if the public had any questions or comments. Scott Meland, 200 Kenwood Place questions since the funds they are using to renovate the bandstand are rescue fund money if we could have signage that identifies it was rescue funds that helped renovate this bandstand. President Fitzpatrick asked if there were any other comments from the public, there was no response. President Fitzpatrick asked if the Council had any comments at this time. Page 11 November 8, 2023 Councilman D. Przybylinski made a motion to approve the proposed ordinance, second by Councilwoman Deuitch, the motion carried and the ordinance was approved by the following vote: AYES: Council members Dabney, Fitzpatrick, Mack, Deuitch, D. Przybylinski, Simmons, Kora and Tillman (8) NAYS: Council member None (0) . NEW BUSINESS President Fitzpatrick read the following regarding the 2024 Council Board Appointment expiration date. Sec. 2-66 – Appointments to committees and board before the final meeting of the Council in a calendar year, the Clerk shall produce for the Council a schedule of the positions on the various boards and commissions to which the Council makes appointments which will become open in the next calendar year and the dates those positions will become open. NOTE: The Clerk gave a copy to each council member Councilwoman Deuitch asked Clerk Neulieb to look up the newly elected officers training schedule in January and forward it to her; that she would like to see all newly elected positions attend this training and to also see if there is a conflict for our city council meetings so that we can adjust that date if it is. UNFINISHED BUSINESS President Fitzpatrick stated that was no Unfinished Business this evening. COMMENTS FROM THE PUBLIC President Fitzpatrick asked if there were any comments from the public. Scott Meland, 200 Kenwood Place advised that he has several things to address this evening; first to congratulate Madam Mayor Elect Nelson Deuitch on her victory. Mr. Meland questioned the EUZ grants people are receiving for their projects, and they receive more than 50% of that total project which nine (9) of them stated in the literature they passed out exceed that; this amount might be too generous. Mr. Meland read in the paper recently a portion of Meijer Drive was repaved, which we all know was needed; questioning if that ever came before the Council for approval of funds and where did the financing come from. Councilwoman Deuitch addressed Mr. Meland’s question advising him that the Redevelopment Commission has been working on this paving project and was also a TIF project. Mr. Meland commented on the letter he wrote to the Council regarding the City’s hiring practices, just in general; questioning if municipalities must post or advertise for jobs that are open. Mr. Meland addressed the resolution that was approved about “quiet zones” and funding to do the study, questioning why we always have to pay for a study before having to do a project; that there was an article in the paper about not complaining about the trains but about them sounding their horns five hundred (500) to a thousand (1,000) feet as they go through town. Page 12 November 8, 2023 Mr. Meland also wanted to bring to the Council’s attention to Municode Sec. 50.41 that it still states we still have handgun registration/permit fees in our municode; stating that maybe we need to go through our Municode book and clean out old laws, that we like to add new laws; but not update anything that has been removed or no longer legal and is a hanging liability. Mr. Meland commented on the “Rental Registration” stating that he realizes that it has been TABLED for a moment; that he tried to find it on the city’s web page and was struggling but did find that the fire department already has registration for smoke detectors questioning this registration and why duplicate what we already have. Mr. Meland talked about what was said at today’s meeting about the grant programs that the city has through the UEZ; asking how they communicate these grants available to the city residents; stating that if he was a new landlord in town he would not know that he would have to register for anything due to the lack of communication. Mr. Meland stated that you can’t expect people to follow the law if they’re not aware of it that we need to do better and this has been brought up by several council members that we need to do better. Councilwoman Deutch stated that she didn’t bring her stop watch,advising Mr. Meland comments are to be a three minute statement and they are all good statements, so I just want to let everybody who comes up here after Mr. Meland it is a three minute timeline. Tommy Kulavik, 1316 Ohio Street, wanted to wish all the marines a Happy Birthday on November 10th that it is the anniversary of the founding United States Marine Corp, Happy Veterans Day to all the service men and women on Saturday November 11th. Gabriel Chappel, UEZ commented on what the differences are in the grants, there was one business grant before she was hired that was involved with that being over 50%; advising that she reached out to a few past members to see if there were any special circumstances or something that allowed that to happen and she didn’t get an response back from them; commenting on the residential grants there is a maximum amount is $5,000. Dakota Euler, 718 Emma Street, stated that at the last council meeting held on October 17th he invited the council to the attend the Eastport Neighborhood Association trunk or treat and is happy to announce that we had about one hundred (100) residents that participated and thanked the McDonald’s on Michigan Boulevard for letting them use their parking lot for this event along with the following businesses that donated items; Reprographic Arts, the Beacher, Captain Eds, and Ricardo Pizza. Brian Gross, 830 W. 6th Street, brought a flyer that he received in his Michigan City Water bill that looked to him like a thinly political advertisement that says “Press Release” from Mayor Parry letting residents know where they can vote on Tuesday, November 8, 2023; questioning if this is legal. 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. Councilman D. Przybylinski announced that the Tree Board received a grant for one million dollars that they will receive over the next three (3) years for individuals who want to plant trees throughout our community. Page 13 November 8, 2023 Councilman D. Przybylinski congratulated Mayor Elect Nelson Deuitch and all the council members that won their election that we don’t need to look back but look forward to 2024 and it being a new beginning and great times are coming. Councilman D. Przybylinski commented on Veterans Day it only being a few days away being proud of all veterans that his family has and thanking all service men new and retired that have served our country; asking everyone in our community to put an American Flag out hanging off their houses showing how much they all mean to our city for all their dedication. Councilman Simmons wanted to congratulate Mayor Elect Deuitch on her win and congratulated all the Council members that won as well; stating that Veterans Day is dear to his heart that he served in Vietnam asking everyone to take a pause and think about what all veterans have done for decades. Councilman Simmons was happy to see that the bandstand is going to be restored; that he coordinated security for President Clinton along with the Secret Service and always pay tribute to that when visiting the park. Councilman Simmons congratulated Clarence Hulse on the newspaper article that was in the Chicago paper and agreed with him that we don’t want to be compared to New Buffalo that we wants Michigan City to charter our own path. Councilwoman Deuitch thanked everyone, congratulating all the candidates and congratulated the candidates that stepped up to run for office, that it isn’t an easy thing, that she thinks our folks that won kept it really professional and appreciates the candidates that ran and won. Councilwoman Deuitch also commented about veterans that her husband is in the audience and that he did twenty-two/ half years and has a purple heart; thanking him for his service and also for supporting her, allowing her to quit her job and run for office which was a two year journey. Councilwoman Deuitch also commented on Veterans Day advising that she has a son in the Air Force, a nephew in the Navy and many others in her family that are in the service or have served our country; stating that we have to do better as a city because last year she was embarrassed regarding the city did. Councilwoman Deuitch stated that she is looking forward to everything that is moving forward and believe that there is going to be more opportunities for our residents, so I appreciate that, and I want to say it has been a good day. Councilman Kora wanted to briefly echo the sentiments already expressed; congratulating all the winners and our Mayor Elect Deuitch, a Happy Veterans Day to the service men in our country and agreeing with Council members Deuitch and D. Przybylinski about being positive, moving forward with hope and optimism. ADJOURNMENT A motion was made by Councilwoman Deuitch second by Councilman D. Przybylinski and there being no further business to transact, President Fitzpatrick declared the meeting ADJOURNED (approximately 7:53 p.m.) _________________________________ Gale A. Neulieb, City Clerk

Agenda

AGENDA COMMON COUNCIL - REGULAR MEETING Wednesday, November 8, 2023 Meeting to be held at 6:30 p.m., local time, in the Council Chambers, City Hall 100 E. Michigan Blvd. and Hosted by “Hybrid/Zoom” and Streaming Live on “My Michigan City” Facebook Page See attached to connect to “Hybrid/Zoom.” CALL TO ORDER BY COUNCIL PRESIDENT PLEDGE OF ALLEGIANCE AND SILENT PRAYER ROLL CALL APPROVAL OF MINUTES Regular Council (Hybrid/Zoom) October 3, 2023 Regular Council (Hybrid/Zoom) October 17, 2023 REPORTS OF STANDING COMMITTEES FINANCE COMMITTEE MEETING Agenda November 8,2023 Posted November 2, 2023 Page 1 CLAIMS DOCKET November 8, 2023 Fund #2235 – Riverboat – Claims - $ 249,821.00 EFT $ 00.00 Fund #2504 – Boyd Development - $ 00.00 EFT $ 00.00 TOTAL CLAIMS $ 249,821.00 REPORTS FROM BOARDS AND COMMISSIONS REPORTS OF SPECIAL or SELECT COMMITTEES REPORTS from MAYOR OR OTHER CITY OFFICERS AND DEPARTMENTS PETITIONS Agenda November 8,2023 Posted November 2, 2023 Page 2 COMMUNICATIONS In accordance with Ordinance No. 4538 an accident report that took place with a MCFD vehicle on September 24, 2023 was received in the Clerk’s Office on October 24, 2023 Correspondence was received in the Clerk’s Office on October 26, 2023 from Scott Meland regarding the City’s advertisement policy for job openings they are trying to fill. RESOLUTIONS AUTHORIZING THE WAIVER OF PERMIT FEES FOR RENOVATIONS OF THE OLD BROWN-MACKIE BUILDING OWNED BY THE MICHIGAN CITY AREA SCHOOLS TO EXPAND THEIR VOCATIONAL PROGRAMMING Introduced by: Don Przybylinski Angie Nelson Deuitch Paul Przybylinski Michael Mack Tracie Tillman Bryant Dabney A RESOLUTION OF THE MICHIGAN CITY COMMON COUNCIL RE-DESIGNATING THE MICHIGAN CITY URBAN ENTERPRISE ZONE FOR A PERIOD OF FIVE-YEARS FROM THE CURRENT SUNSET DATE OF DECEMBER 31, 2023 Introduced by: Paul Przybylinski Michael Mack Agenda November 8,2023 Posted November 2, 2023 Page 3 ORDINANCES ORDINANCE AN ORDINANCE TO ESTABLISH RESPONSIBLE BIDDING 1st Reading PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS & CREATING SEC. 2-345 IN THE MICHIGAN CITY MUNICIPAL CODE Introduced by: Angie Nelson Deuitch Don Przybylinski Paul Przybylinski ORDINANCE APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET 2nd Reading OF THE ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR THE EIGHTH ADDITION OF THE INITIAL PLAN FOR USE OF A PORTION OF THE CITY’S ALLOTMENT OF LOCAL FISCAL RECOVERY FUNDS THROUGH THE AMERICAN RESCUE PLAN ACT TO ALLOCATE MONIES TO ASSIST WITH THE FUNDING OF THE OLD BANDSTAND PRESERVATION PROJECT Introduced by: Angie Nelson Deuitch Bryant Dabney Don Przybylinski Vidya Kora Michael Mack (DECREASE ARP Coronavirus Local Fiscal Recovery Fund 2407 Unappropriated balance $140,500.00 INCREASE ACCOUNT #2407.000.444.050 $140,500.00 Capital Outlay – Other Improvements) Advertised Herald Dispatch October 18, 2023 Formal Public Hearing will be held November 8, 2023 Agenda November 8,2023 Posted November 2, 2023 Page 4 NEW BUSINESS 2024 Common Council Board Appointment expiration date Sec. 2-66 – Appointments to committees and boards (a) Before the final meeting of the Council in a calendar Year, the Clerk shall produce for the Council a schedule of the positions on the various boards and commissions to which the Council makes appointments which will become open in the next calendar year and the dates those positions will become open. UNFINISHED BUSINESS COMMENTS FROM THE PUBLIC Agenda November 8,2023 Posted November 2, 2023 Page 5 COMMENTS FROM THE COUNCIL ADJOURNMENT _________________________________ Gale A. Neulieb, City Clerk You are invited to a Zoom webinar. When: November 8, 2023 6:30 PM Central Time (US and Canada) Please click the link below to join the webinar: https://us02web.zoom.us/j/86900890058?pwd=MW92Ri9KZDYzajRFR2F3VW1PNVljQT09 Passcode: 617561 Or One tap mobile : US: +13126266799,,86900890058#,,,,*617561# or +16465588656,,86900890058#,*617561# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 Webinar ID: 869 0089 0058 Passcode: 617561 International numbers available: https://us02web.zoom.us/u/kbaFyn7Iw5 Agenda November 8,2023 Posted November 2, 2023 Page 6

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