REGULAR MEETING May 15, 2012

Transcription

1 REGULAR MEETING May 15, 2012 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, May 15, 2012 at the hour of 6:30 p.m., local time, in the Common Council Chambers, located in the lower level of the City Hall Building, 100 East Michigan Boulevard, Michigan City, Indiana. The meeting was called to order at 6:30 p.m. by Council President Marc Espar. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Tim Bietry, Joe Doyle, Marc Espar, Ron Hamilton Jr., Richard Murphy, Duane Parry, Don Przybylinski, Pat Boy and Chris Schwanke (9). ABSENT: None (0). A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Clerk Gale Neulieb, Deputy Clerk Kim Sliwa and Council Attorney James Meyer. APPROVAL OF MINUTES President Espar inquired whether there were any corrections, deletions, or additions to the minutes of the Special Meeting held on April 30, 2012 and the Regular Meeting of May 1, Councilman Parry made a motion to approve the Special Meeting and Regular meeting minutes, second by Councilman Przybylinski. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilman Parry advised the Finance Committee met prior to the Council meeting, stating the Committee unanimously recommended approval for Riverboat Fund #9000 in the amount of $7, Councilman Murphy reported on the Planning and Zoning Committee meeting held on May 8, 2012 was to review the proposed ordinance regarding the Michigan City Municipal Code prohibiting parking of motor vehicles in lawns and greenways. Councilman Murphy advised there are no changes being made to the existing parking ordinance per the zoning comprehensive code but would be adding language to read the enforcement officers would be the Michigan City Police Department not an individual from the Michigan City Inspection Department. REPORTS OF SPECIAL OR SELECT COMMITTEES Councilman Doyle reported on the Summer Festival Committee meeting advising Attorney Donahue, Park Board Attorney, had offered his services to create a Memorandum Of Understanding agreement for the Summer Festival Committee and the

2 Page 2 May 15, 2012 Michigan City Park Department to bring to the Board of Public Works and Safety Board for their approval. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS There were no reports of other city officers and departments. CLAIM DOCKETS Councilman Parry made a motion to approve the claims from Fund #9000 Riverboat in the amount of $7,000.00, second by Councilman Murphy. President Espar asked if there were any comments and hearing none, the motion was carried. Motion carried 9 0. PETITIONS There were no petitions. COMMUNICATIONS The Clerk read the following correspondence received in the Clerk s Office on May 2, 2012, Michigan City Common Council: The League of Women Voters of LaPorte County designates Sharon Cares as our appointment to the Commission for Women in accordance with Section (b) (1) Subsection (e) of the Michigan City Municipal Code. Ms. Carnes is an active member of the League of Women Voters of LaPorte County and is committed to the goals of the Commission for Women. Thank you, Betty Lou Nault, President, League of Women Voters of LaPorte County RESOLUTIONS There are no resolutions. ORDINANCE The Clerk read on first reading by title only, CREATING SECTION IN THE MICHIGAN CITY MUNICIPAL CODE AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS Introduced by: Marc Espar President Espar stated the proposed ordinance was brought to the Council s attention by Mayor Meer and Donna Pappas, City Controller, advising the lack of an ordinance required by the State Board of Account where the Council will allow departments to use a credit card before the claim has been approved. President Espar stated it was not his intent to refer the proposed ordinance to committee. public or Council and hearing none, the proposed ordinance was held over for second reading at the June 5, 2012 Council meeting.

3 Page 3 May 15, 2012 The Clerk read on first reading by title only, CREATING SECTION IN THE MICHIGAN CITY MUNICIPAL CODE DEFINING METHODS OF PAYMENT ACCEPTED BY THE CITY Introduced by: Marc Espar President Espar stated the proposed ordinance was also brought to the Council s attention by Mayor Meer and Donna Pappas, City Controller advising that defining methods of payment accepted by the City have been being done inappropriately at certain times. Discussion ensued among Donna Pappas, City Controller and President Espar, Council Members Schwanke, Przybylinski, Parry, and Boy, regarding their questions and concerns on the proposed ordinance. Mrs. Pappas offered the Council that she would be glad to sit down with them and go over their questions and concerns before the next Council meeting on June 5, Councilwoman Boy made an author s amendment to Section (c) Methods of Payment; Service Charges should read as follows: (c) The City, by and through the Controller s office, may contract with a bank card or credit card vendor for acceptance of bank cards or credit cards. The implementation of processing of credit card payments shall be consistent for all payments made, either in person or electronically. or in person. Councilman Przybylinski stated that Section (b) Methods of Payment; Service Charge should read as follows before the proposed ordinance is approved: (b) If there is a service charge to the City for the use of any of the above described payment methods, the charge may be added to the amount originally owning and may shall be paid by the person or entity requesting payment by that method. President Espar stated the proposed ordinance is addressing the current way the City has been doing this process advising that the Controller s Office doesn t know what each credit card bank fee is going to charge until the end of the month when they receive their statement and would be after the person has already paid their fine/fee/bus pass or purchase. President Espar stated there may be a way to estimate an amount that wouldn t be in violation of State Law by charging more than what is being collected by adding a surcharge. Councilman Parry suggested having an ATM machine in City Hall stating the fee would go immediately to the card holder and the City wouldn t get involved. Councilman Schwanke requested that either the City Attorney or Attorney Meyer look into the law in regards to a charge when a credit card is used. President Espar referred this matter to the Attorney s. public or Council and hearing none, the proposed ordinance was held over for second reading at the June 5, 2012 Council meeting. The Clerk read on second reading by title only, CREATING SECTION AND SECTION IN THE MICHIGAN CITY MUNICIPAL CODE PROHIBITING PARKING OF MOTOR VEHICLES IN LAWNS AND GREENBELT IN ELSTON GROVE HISTORIC DISTRICT Introduced by: Rich Murphy

4 Page 4 May 15, 2012 Councilman Murphy thanked the members of the public for coming to the Planning and Zoning Committee meeting addressing the proposed ordinance, advising the Planning and Zoning committee took their comments to heart and drafted an amended ordinance he would be proposing this evening that includes the feedback received from the public. Councilman Murphy stated that the Council would not be changing the comprehensive zoning ordinance as it pertains to parking in Michigan City advising they would be changing from having one zoning administrator who has an office at City Hall, to be amended that the Michigan City Police Department would address the violations throughout the City. Councilman Murphy made a motion to approve the following amendment by substitution, along with adding the following Whereas (this is in bold) to the amended proposed ordinance, second by Councilwoman Boy, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. CREATING SECTION AND SECTION IN THE MICHIGAN CITY MUNICIPAL CODE PROHIBITING PARKING OF MOTOR VEHICLES IN LAWNS AND GREENWAY WHEREAS, parking of motor vehicles throughout the City has been problematic, namely vehicle owners have parked in the lawn areas and greenway areas throughout the City; WHEREAS, on January 4, 2011 the City enacted its Joint Zoning Ordinance, and Sec (h) of this Ordinance delineates where vehicles can park; WHEREAS, Sec of the Joint Zoning Ordinance established that only the Zoning Administrator and his/her staff are authorized to enforce the zoning provisions; WHEREAS, currently, the City does have a Zoning Administrator and one (1) staff member who can assist in the enforcement of the parking restrictions imposed by the Joint Zoning Ordinance; and WHEREAS, the Common Council believes that reasonable health and public safety regulations addressing parking and the expansion of City enforcement officials who can enforce parking to include the Michigan City Police Department are needed to protect and improve the quality of life, character, and safety of the residential neighborhoods throughout the City. WHEREAS, the Council supports the police using their discretionary powers to work with our residents to implement this change in enforcement by educating our residents and by issuing warnings in situations deemed appropriate by the enforcement officer, but by the same token, the Council believes it is essential that the police has the power for full enforcement for repeat violators or imminent safety issues. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, that Section is hereby established in Chapter 97 and that Section is hereby established in Chapter 50 of the Michigan City Municipal Code to read as follows: Sec Driving/Parking Prohibited in Lawn and Greenway. (a) Definitions. (1) Front yard means the area defined in Sec of Michigan City s Zoning Ordinance. (2) Greenway means the area, excluding the sidewalk, if any, between the property line and the curb or in the absence of a curb, between the property

5 Page 5 May 15, 2012 line and the nearest edge of the street paving, which is usually used for planting lawn, low ground cover and/or street trees. (3) Motor Vehicle means every vehicle which is self-propelled including but not limited to an automobile, truck, recreational vehicle, antique motor vehicle, motorcycle, private bus, school bus, low speed vehicle, or other vehicle specifically defined in I.C , et seq. In addition, the definition of motor vehicle includes a trailer specifically defined in I.C , et seq. (4) Rear yard means the area defined in Sec of Michigan City s Zoning Ordinance. (5) Side yard means the area defined in Sec of Michigan City s Zoning Ordinance. (6) Yard means the area defined in Sec of Michigan City s Zoning Ordinance. (b) (c) (c) (d) Public Nuisance. Parking of any motor vehicle in violation of the regulations set forth in this Section is deemed a public nuisance. Parking Prohibited in Lawn Areas. It shall be unlawful to drive and/or park a motor vehicle in a front yard, in a side yard, or in a rear yard which abuts a street of a lot zoned for a residential use or a dwelling, except that driving and/or parking shall be permitted on a hard-surfaced driveway or approved parking space. In addition, it shall be unlawful to drive and/or park a motor vehicle in a greenway area. Curb Cuts. No person shall operate or park any motor vehicle on any portion of a lot in any residential district whereby the motor vehicle is driven over the curb instead of through a curb cut. Enforcement; Violation; and Towing Vehicle. This Section shall be enforced by the Michigan City Police Department and/or the Michigan City Planning and Inspection Department. The owner of any motor vehicle which is parked or driven in violation of this section shall be subject to the penalties set forth in Section , as well as applicable zoning provisions of Michigan City, Indiana. Furthermore, if in the opinion of the Michigan City Police Department and/or the Michigan City Planning and Inspection Department a motor vehicle parked in violation of this Section is substantially interfering with the ingress or egress of any foot or vehicular traffic by preventing free movement of traffic and/or pedestrians and the owner fails to cure the violation within twenty four (24) hours of the issuance of a citation for violation of this Section, the vehicle may be towed and impounded. The owner of any vehicle which has been towed pursuant to this Section shall be responsible for all storage and towing charges. The City, its agents, servants or employees, shall not be responsible or liable in any manner for the damage incurred in the towing, storage, possession or disposition of such vehicle. Sec Fine for Driving/Parking Violation in Lawn or Greenway. The fine required by Sec shall be $ 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: Richard Murphy, Member Michigan City Common Council Pat Boy, Member Michigan City Common Council

6 Page 6 May 15, 2012 Terry Tyler, 412 ½ E. Eighth Street, addressed the Council regarding giving the Michigan City Police Department the authority to educate the Citizens of Michigan City after the proposed ordinance is adopted and how they propose to do that. President Espar advised Mr. Tyler that Councilman Murphy would answer his questions during Council comments, that at this time it was public comments. Discussion ensued between President Espar and Mr. Tyler regarding what Council procedures are during public comments. Derrick Dircks, 436 E. Eighth Street, President of the Elston Grove Neighborhood Association invited Mr. Tyler to attend the Elston Grove Neighborhood Association meetings held once a month. Mr. Dircks stated it is perfect time to adopt the proposed ordinance when the City is paying six (6) millions dollars in the Elston Grove Neighborhood area and that is also good that the ordinance will be enforced throughout the City of Michigan City not just in the Elston Grove area. Mr. Dircks thanked the Council in advance for making this move. Janet Toyra-Smith, 402 E. Eighth Street, stated her concern regarding adding Whereas clause language to the amended ordinance that it may weaken the ordinance and would have repetitive action by the enforcement officers and this could lead to any legal issues which may become costly on behalf of the City. Councilman Murphy addressed Mr. Tyler s question regarding educating the public and enforcing the proposed ordinance when adopted. public or Council and hearing none, the motion to amend the proposed ordinance by substitution was adopted by the following vote: AYES: Council Members Boy, Doyle, Espar, Hamilton, Murphy, Parry, Przybylinski, Schwanke, and Bietry (9) NAYS: None (0). Councilman Przybylinski stated that he spoke with John Pugh, City Planner regarding the amount of tickets his department issued in 2011; advising there were only about ten(10) citations given out. Mr. Przybylinski stated that having the Michigan City Police Department enforcing the proposed ordinance makes common sense, good government and he feels the Council is making the right move. Councilman Parry stated he had some concerns and reservations regarding the proposed ordinance and that he will be listening for input from the residents of the Fifth Ward. Councilman Murphy made a motion to adopt the following Whereas clause as the sixth paragraph to the proposed ordinance, second by Councilman Bietry WHEREAS, the Council supports the police using their discretionary powers to work with our residents to implement this change in enforcement by educating our residents and by issuing warnings in situations deemed appropriate by the enforcement officer, but by the same token, the Council believes it is essential that the police has the power for full enforcement for repeat violators or imminent safety issues. Councilman Bietry stated he was happy to see this amendment being added to the proposed amended ordinance advising he has a few concerns stating it is wise to have discretion with the residents to implement the change in enforcement by educating them by writing warning tickets explaining to the resident why they are in violation of the proposed ordinance that has been in effect for years and everyone in the City was unaware of the violation. Councilwoman Boy stated under Section Driving/Parking Prohibited in Lawn and Greenway it states it shall be unlawful to drive and/or park a motor vehicle in a front yard, in a side yard, or in a rear yard which abuts a street of a lot zoned for residential use or a

7 Page 7 May 15, 2012 dwelling, except that driving and/or parking shall be permitted on a hard-surfaced driveway or approved parking space. In addition, it shall be unlawful to drive and/or park a motor vehicle in a greenway area. Council Woman Boy advised there should be exceptions that will be made if there is space that was a greenway and now is a paved area for parking on the residents property. Councilman Murphy stated the police were the ones that wanted to add this discretion clause to the proposed amended ordinance and that it is the police department s full intent to educate the people of Michigan City regarding this matter. Councilman Schwanke stated that he likes adding the discretionary clause also, because it allows the police to either talk to the individual, issue a warning ticket or issue an actual ticket for an infraction. Councilman Schwanke advised that it is important the citizens know the police has the discretion whether it be no parking on the green way, speeding or running a stop sign, they use their discretion making the call at the time of the violation and that he supports the amendment. Councilman Parry stated it is worth reminding the public if a ticket is issued; even a warning ticket they have a right to appeal due to the proposed ordinance stating it is the officer s discretion. Council President Espar asked if there were any other questions or comments by the Council and hearing none, the motion to add the Whereas clause to the amended proposed ordinance was adopted by the following vote: AYES: Council Members Doyle, Espar, Hamilton, Murphy, Parry, Przybylinski, Schwanke, Bietry, and Boy (9). NAYS: None (0). public or Council and hearing none, the proposed ordinance was held over for third reading at the June 5, 2012 Council meeting. The Clerk read on second reading by title only, APPROVING ADDITIONAL APPROPRIATION FOR THE REINSTATEMENT OF THE POSITION OF ASSISTANT CHIEF IN THE MICHIGAN CITY FIRE DEPARTMENT Introduced by: Marc Espar (DECREASE Fund #0101 Unappropriated balance -$52, INCREASE Acct # $35, Salaries & wages. INCREASE Acct # $2, Holiday Allowance. INCREASE Acct # $5, Sick Day Sell Back. INCREASE Acct # $7, PERF. INCREASE Acct # $ Clothing Allowance.) Council President Espar stated if the Council recalls the proposed ordinance is to refill the position that has been vacated (by a retirement) in the fire department as a Battalion Chief that is needed to cover all three (3) shifts. President Espar advised at the request of Fire Chief Ronnie Martin asked if the third and final reading be done this evening if the Council had no objection. The formal public hearing was opened when President Espar asked (repeating three times) is there anyone from the public who wishes to address the Council and hearing none, the public hearing was closed. The Clerk read on third reading by title only, there being no objection MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4176

8 Page 8 May 15, 2012 APPROVING ADDITIONAL APPROPRIATION FOR THE REINSTATEMENT OF THE POSITION OF ASSISTANT CHIEF IN THE MICHIGAN CITY FIRE DEPARTMENT WHEREAS, due to the anticipated retirement of an assistant chief in the Michigan City Fire Department and the provisions of Michigan City Ordinance No. 4114, the line item in the 2012 City Budget for that position will be eliminated and the position cannot be re-filled without an additional appropriation; and 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 2012 Annual Budget for the purpose of the reinstatement of the position of assistant chief in the Michigan City Fire Department; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the General Fund #0101 to be appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, LaPorte 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, subject to the laws governing the same: AMOUNT REQUESTED DECREASE Fund #0101 Unappropriated balance $52, AMOUNT APPROPRIATED INCREASE Account # $35, Salaries & wages INCREASE Account # $2, Holiday Allowance INCREASE Account # $5, Sick Day Sell Back INCREASE Account # $7, PERF INCREASE Account # $ Clothing Allowance TOTAL FOR FUND $52, 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/ Marc Espar, President Michigan City Common Council Councilman Bietry made a motion to adopt the proposed ordinance, second by Councilmen Przybylinski and Schwanke. public or Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Espar, Hamilton, Murphy, Parry, Przybylinski, Schwanke, Bietry, Boy, and Doyle (9). NAYS: None (0). UNFINISHED BUSINESS

9 Page 9 May 15, 2012 There was no unfinished business. NEW BUSINESS President Espar advised the Council has an appointment to the Michigan City Economic Development Revolving Loan Fund Committee to appoint and nomination would take place at the June 5, 2012 Council meeting. President Espar advised Councilman Przybylinski the Michigan City Economic Development Revolving Loan Fund Committee reviews and approves applications that the Economic Development might receive from a company/business to either help retain or attract to the City of Michigan City. Councilman Bietry commented on the revolving loan (ordinance) that was created to help a specific manufacture has never been utilized and stating to the best of his knowledge there isn t an application process for this fund. Councilman Bietry advised there is a provision in the revolving loan fund ordinance to allow a no-payback that needs to be addressed. Councilman Bietry asked the Council if they would schedule a meeting with the Economic Development Corporation in the near future to clarify some issues regarding the agreement/application process and the monies set aside for a revolving loan. COMMENTS FROM THE PUBLIC Dennis Boy, 218 Southwood Avenue, stated if there are three shifts on the fire department that it was good to appoint three (3) supervisors, one for each shift. COUNCIL COMMENTS Council President Espar wished Councilman Doyle a Happy Birthday. Councilman Schwanke stated he attended the annual State Firefighters bowling tournament that was hosted in Michigan City by the Michigan City Firefighters and that he had the pleasure to meet several surrounding firefighters that attended. Councilman Schwanke thanked the Redevelopment Committee for finely getting something done with the Warren Building. Councilman Schwanke asked when the Michigan City s Women Commission was going to schedule their first meeting. Councilwoman Boy advised the Commission is waiting for an appointment by the NAACP and then she will contact each member to schedule a meeting. ADJOURNMENT A motion by Councilman Parry, supported by Councilman Schwanke, and there being no further business to transact, President Espar declared the meeting ADJOURNED (approximately 7:13 p.m.). Gale A Neulieb, City Clerk