REGULAR MEETING - AUGUST 6, 2002

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1 REGULAR MEETING - AUGUST 6, 2002 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday Evening, August 6, 2002, at the hour of 7:30 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 7:30 p.m. by Council President Virginia Martin, who presided. The Pledge of Allegiance to the Flag and a short period of silent prayer were observed. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Evelyn D. Baker; Carolyn Harmon; Joseph LaRocco; Charles Lungren; Virginia R. Martin; Willie Milsap; Paul A. Przybylinski; Denzil D. Wilson and JoEileen Winski (9) ABSENT: None (0) A QUORUM WAS NOTED PRESENT. APPROVAL of MINUTES President Martin inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of July 16, 2002, and, there being no objections, declared the minutes approved as printed. REPORTS of STANDING, SPECIAL, or SELECT COMMITTEES Councilman LaRocco reported that, at the last Park Board meeting, a Resolution was passed forbidding the use of Park Department property by an individual having a child-molesting history. Councilman Przybylinski reported on meetings of the City Team with a consultant on brick streets. He protested that he and other Council Members and the public were not invited to attend these meetings. Councilman Lungren reported on the Solid Waste District. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS Receipt of the Monthly Financial Statement - June 30, 2002, was noted. Controller Charles Oberlie requested a workshop on Tuesday August 13, to distribute the budget to Council Members. President Martin scheduled the workshop for that date, at 6:30 p.m. PETITIONS There were no petitions. COMMUNICATIONS Letter from Michigan City Area Schools dated July 24, 2002, advising of appointment of Robert C. Frame as School Board liaison to this Council City Engineer Boyd W. Phelps and Sanitary District General Manager Alan J. Walus made the following written report on Brick Street Assessment: Subsequent to the Common Council Brick Street Workshop held on June 18, 2002, the City Team has continued working on a Brick Street Assessment Report and we are writing to provide an update on such. The City hired a brick street consultant, Royce Baier of Royce Restorations, Paxton, Illinois, and Mr. Baier visited Michigan City on July 17 th and 18 th, During his visit, Mr. Baier viewed each of the five brick streets twice and participated in three meetings with City Team members. A critical factor that Mr. Baier discussed was the need to evaluate potential future underground utility work as part of the brick street assessment. An overlay of underground utilities with respect to existing brick streets is in progress and the City Team will tentatively meet again during the week of August 12, 2002, to review cost data associated with potential brick street repairs. After our next City Team meeting, we will provide another update letter and tentative schedule for the next Common Council Brick Street W orkshop. Thank you for your assistance in this matter.

2 Page 2 August 6, 2002 RESOLUTIONS The Clerk read by title only, there being no objections, RESO LUT ION N O A RESOLUTION FOR INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE CENTRAL MAINTENANCE DEPARTMENT, IN GENERAL FUND #0101, FOR THE YEAR 2002, IN MICHIGAN CITY, INDIANA WHEREAS, there exist certain circumstances within the budget of the Central Maintenance Department of Michigan City which require the increasing and decreasing of appropriations for the year Section 1. It is deemed advisable and necessary, in order to meet the circumstances facing said Central Maintenance Department of the City, that the Common Council make the following transfer of appropriations, as listed, to-wit: GENERAL FUND #0101 Central Maintenance Department DECREASE: GENERAL FUND #0101 Unappropriated $ INCREASE: A/C # Equipment Repair & Maintenance $ Section 2. This Resolution shall be in full force and effect after passage and approval by the Mayor. INTR ODU CED BY: /s/ Virginia M artin Councilman Wilson moved to adopt, seconded by Councilman Milsap. The motion carried and the Resolution was adopted as follows: AYES: COUNCIL MEMBERS Wilson, Winski, Baker, Harmon, LaRocco, Lungren, Martin, Milsap, and Przybylinski (9). NAYS: None (0). ORDINANCES The Clerk read on second reading by title only,, introduced by Virginia Martin (DECREASE General Fund Unappropriated, INCREASE Repair Parts [Central Maintenance] $97,500.00). The Ordinance was laid over for third reading and formal public hearing. The Clerk read on third reading by title only, there being no objections, ORD INANC E NO DECREASE CUMULATIVE MAINTENANCE FUND #990 Unappropriated $48, INCREASE Account No $48, Dredging TOTAL FOR CUMULATIVE CHANNEL MAINTENANCE FUND $48, REQUESTED APPROPRIATED /s/ Denzil D. Wilson

3 August 6, 2002 Page 3 Councilman Wilson moved to adopt the Ordinance, seconded by Councilwoman Harmon. Controller Charles Oberlie responded to questioning by Councilman Przybylinski. The motion carried and the Ordinance was adopted as follows: AYES: COUNCIL MEMBERS Winski, Baker, Harmon, LaRocco, Lungren, Martin, Milsap, Przybylinski, and Wilson (9). NAYS: None (0). The Clerk read by title only on third reading, there being no objections, ORD INANC E NO DECREAS E PAR K FUN D #1301, Unappropriated $10, INCREASE A/C # $4, Building M ateria ls A/C # , Motor Equipment TOTAL FOR PARK FUND $10, REQUESTED APPROPRIATED /s/ Joseph LaRocco Councilman LaRocco moved to adopt, seconded by Councilman Przybylinski. Park Superintendent Jim Karner responded to questioning from Kathy Ceperich (419 Dewey Street). The public hearing was then closed. The motion carried and the Ordinance was adopted by the following vote: AYES: COUNCIL MEMBERS Baker, Harmon, LaRocco, Lungren, Martin, Milsap, Przybylinski, Wilson, and Winski (9). NAYS: None (0). There being no objections, the Clerk read on third reading by title only, ORD INANC E NO DECREAS E Riverb oat Fund #9000, Unappropriated $220, INCREASE Account No Insurance $120, REQUESTED APPROPRIATED

4 Page 4 August 6, 2002 Account No Demolition $100, TOTAL FOR RIVERBOAT FUND $220, /s/ Virginia M artin Councilman Lungren moved to adopt the Ordinance, seconded by Councilman Wilson. The motion carried and the Ordinance was adopted as follows: AYES: COUNCIL MEMBERS Harmon, LaRocco, Lungren, Martin, Milsap, Przybylinski, Wilson, Winski, and Baker (9). NAYS: None (0). The Clerk read on third reading by title only, there being no objections, ORDINANCE NO WHEREAS, it has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Michigan City, LaPorte County, Indiana, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to the laws governing the same: AMOUNT REQUESTED AMOUNT APPROPRIATED DECREASE General Fund #0101, Unappropriated $2, INCREASE Account No Pesticides $1, Account No Veterinary Services $1, TOTAL FOR VECTOR CONTROL $2, Councilman Wilson moved to adopt, seconded by Councilman Przybylinski. /s/ Virginia Martin There was discussion among Council Members Winski and Przybylinski and Central Services Superintendent James Elwell concerning the W est Nile Virus and spraying. The motion carried and the Ordinance was adopted as follows: AYES: COUNCIL MEMBERS LaRocco, Lungren, Martin, Milsap, Przybylinski, Wilson, Winski, Baker, and Harmon (9). NAYS: None (0). UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Mayor Sheila Brillson has requested advice and consent of this body to appoint Ms. Linda Simmons as a member of the Michigan City Port Authority, replacing Victor Widelski, who has resigned. Her term would expire on January 1, 2004.

5 August 6, 2002 Page 5 Mayor Brillson gave the following resume for Ms. Simmons: Ms. Simmons is a past owner/operator of a Chicago Region McDonald s and served on the Advertising Committee of McDonald s Owners of Chicagoland and Northwest Indiana. She has been involved with the National Black McDonald s Operators Association as a board member and treasurer, and Is a past board member of the South Side Ronald McDonald House. She will be an asset to the Michigan City Port Authority with her significant business expertise. Councilman Wilson moved to give consent. At his request, Ms. Simmons introduced herself. The motion, seconded by Councilwoman Winski, carried as follows: AYES: COUNCIL MEMBERS Lungren, Martin, Milsap, Przybylinski, Wilson, Winski, Baker, Harmon, and LaRocco (9). NAYS: None (0). COMMENTS FROM THE COUNCIL Councilman Przybylinski inquired whether anyone was inspecting the concrete on Franklin Street; Mr. Oberlie assured him they are. There was also discussion of whether there will be cost overruns; Mr. Oberlie said no. Councilman Milsap inquired of Mr. Elwell concerning alley paving. Mr. Elwell responded, as did Mr. Oberlie. Councilman Przybylinski spoke of the new lamp posts to be installed on Franklin Street and, concerning the budget, felt the sidewalk program should be completely funded by the City, prioritizing handicapped accessibility. He felt large projects should have the costs broken down so the Council and others can understand it. Councilman Lungren brought up the problem of people driving across and parking on sidewalks (from the curb to the property line), which destroys curbs, sidewalks, and greenway. COMMENTS FROM THE PUBLIC Mr. Elwell introduced Charles Cate, the new Superintendent of the Central Maintenance Department. Tom Alevizos (413 Barker Road) proposed an ordinance concerning greenspace preservation. He said he had prepared such an ordinance but it had reached the City Attorney s office too late. He spoke in support of this proposed ordinance. Kathy Ceperich (419 Dewey Street) requested a full report on whether there have been savings over the years by Central Maintenance - to see if it s really working. ADJOURNMENT On motion by Councilman LaRocco, supported by Councilman Wilson, and there being no further business to transact, President Martin declared the meeting ADJOURNED (approximately 8:15 p.m.). Thomas F. Fedder, City Clerk