REGULAR MEETING November 7, 2012

REGULAR MEETING November 7, 2012 The Common Council of the City of Michigan City, Indiana, met in regular session on Wednesday evening, November 7, 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 Vice President Ron Hamilton. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Tim Bietry, Joe Doyle, Pat Boy, Ron Hamilton Jr., Richard Murphy, Duane Parry, Don Przybylinski, and Chris Schwanke (8). ABSENT: Marc Espar (1). A QUORUM WAS NOTED PRESENT. ALSO PRESENT: Gale Neulieb City Clerk, - Deputy Clerk Kim Sliwa and Council Attorney James Meyer APPROVAL OF MINUTES Vice President Hamilton inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of October 16, 2012 and Special Meeting of October 29, 2012. Councilman Schwanke made a motion to approve the Regular meeting minutes and Special meeting minutes held on October 29, 2012, second by Councilman Parry. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Councilman Murphy presented the following report on the Utilities Committee of the Michigan City Common Council held on October 25, 2012: All Committee members, Boy, Przybylinski, and Murphy were present. Councilman Schwanke and Water Department Superintendent Randy Russell were also in attendance. The committee reviewed the following ordinance: APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE WATER GRID IMPROVEMENTS AT U.S. HIGHWAY 35 AND U.S. HIGHWAY 20 After a review of the project and some discussion, the committee unanimously voted to recommend approval of the ordinance. Councilman Doyle presented the following report regarding the Parks and Recreation Committee meeting held on November 5, 2012: Re: Review Status of Washington Park Green House Renovation Project Attendees: Joe Doyle Council Member Ron Hamilton, Jr. Council Member Donna Pappas Michigan City Controller Jan Orlich Michigan City Park Superintendent

Page 2 November 7, 2012 Duane Parry Council Member Chris Schwanke Council Member Time Bietry Council Member Phil Freeze President M.C. Park Dept. Board Hesham Khalil President, Global Engineering The Parks and Recreation Committee met on November 5, 2012. The purpose of the meeting was to discuss the status of the conceptual design portion of the Green House renovation project, review preliminary building and site drawings submitted by Global Engineering, address questions generated by the drawings, and determine the next steps of the path forward on the project. The meeting was called to order at 7:30 p.m. All Council Committee members were present. Committee Chairman Doyle welcomed all attendees and began the meeting with a review of minutes of the Parks and Recreation Committee August 24, 2012 workshop for attendees Bietry, Freeze, and Orlich, who were not in attendance at said meeting. Park Superintendent Orlich expressed concern there may be environmental issues not yet know, that if present, would greatly increase the scope and cost of the project. After discussing the issue, Global was given direction to revise it s proposal to include assessment of the building for presence of asbestos and lead paint. Also to be included in Global s revised proposal is testing of sufficient concrete masonary unit (CMU) blocks to determine structural integrity of the building walls. Councilman Schwanke suggested bracing be installed on the walls to insure a structural failure does not occur should Michigan City experience an unusually heavy snowfall this winter. Global stated it felt the roof to be sufficiently strong to handle with winter snow load, but agreed to re-assess the condition of the roof trusses and walls, and look for a means to provide additional support. A detailed review of the conceptual floor plan based on layout and room functionality resulted in a consensus that only the area housing Park sticker Operations, the Men and Women Lifeguard Locker/Shower rooms, IT equipment, Green House bathroom and storage/safe should have floor to ceiling walls. Room layout in remaining areas in the Green House and Garage can be achieved with movable partitions. Committee member Hamilton suggested parking near the Green House may not be adequate if Summer Park Permits are issued at that location. Committee member Parry felt that security may be an issue due to the number and location of exterior doors in the building. The Park Department assured the committee security is sufficient. Committee member Parry requested assurance from the Park Department that, between the upgraded Green House site and the existing storage building next to the amphitheater, the storage needs of Police and Fire Departments, Park Department, and Summer Fest, all have been considered and will be met. Park Department Superintendent Orlich stated all groups have been considered and storage should be sufficient, adding if the new 60 X 30 storage building to be added to the site east of the Green House could be built taller, allowing a mezzanine level for storage, adequate storage would be guaranteed. All present agreed this should be considered as an option. With no additional issues or questions raised, and no items of disagreement noted, the committee unanimously supported a motion to recommend to the Council approval of funding for the engineering phase of the project. Chairman Doyle adjourned the meeting at 9:05 p.m. 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 $17,359.53. REPORTS OF SPECIAL OR SELECT COMMITTEES There were no special or select committees.

Page 3 November 7, 2012 REPORTS of OTHER CITY OFFICERS and DEPARTMENTS Councilman Murphy addressed the Council stating in September of 2007 twenty-six architectural students under the leadership of Professor Andrew Von Maur s Urban Design Studio of Andrew University arrived in Michigan City to facilitate a Charrette on the North End of Michigan City. Councilman Murphy spoke about the Urban Design Proposal the students did introducing Professor Von Maur. Professor Andrew Von Maur, Andrew University did a presentation for the Council regarding the 2007 Urban Design Proposal that the Andrew University students did and where Michigan City is five years later. Professor Von Maur addressed the Council with a reintroduction of some of the main points of what was done during the 2007 study. Councilwoman Boy thanked Professor Von Maur for coming back and giving an update. Councilman Bietry thanked Professor Von Maur stating his presence being here is almost as inspiring as it was in 2007, advising they were going to Kenosha and Rasine, Wisconsin to look at those towns and visit there area that was recently developed to see how they ve solved similar issues and problems the City of Michigan City has. Councilman Murphy commented on the 2007 study done five years ago; that a planning revolution was the charrette, advising the City has been on a positive wave since then. Councilman Murphy stated he appreciated the phone calls during the past five years with Proffessor Von Maur s answering questions the Council may have had regarding the study they did. Vice President Hamilton thanked Professor Von Maur for coming, asking if there were any other comments by Council.. CLAIM DOCKETS Vice President Hamilton stated the Claims for Fund #9000 Riverboat was $17,359.53 and there were no claims for Fund #0417 Boyd Development. Vice President Hamilton asked if there were any other comments and hearing none, a motion was made by Councilman Parry, second by Councilman Bietry. Motion carried 8 0. PETITIONS There were no petitions. COMMUNICATIONS Vice President Hamilton stated correspondence was received in the Clerk s Office on October 17, 2012 from Scott Pelath to the Honorable Greg Zolar, Indiana Attorney General regarding the redistricting of the Michigan City Council districts. RESOLUTIONS The Clerk read by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION 4520 A RESOLUTION INCREASING AND DECREASING CERTAIN APPROPRIATIONS WITHIN THE BUDGET OF THE CENTRAL MAINTENANCE DEPARTMENT OF THE GENERAL FUND #0101 FOR THE YEAR 2012, IN MICHIGAN CITY, INDIANA WHEREAS, there exists certain circumstances within the budget of the Central Maintenance Department of the General Fund of Michigan City which require increasing and

Page 4 November 7, 2012 decreasing of appropriations for the line items in this Fund #0101 for the year 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Michigan City, LaPorte County, Indiana, that: Section 1. It is deemed advisable and necessary, in order to meet the circumstances facing said Central Maintenance Department of the General Fund of the City, that the Common Council approve the following transfer of appropriations, as listed, to-wit: CENTRAL MAINTENANCE DEPARTMENT OF GENERAL FUND DECREASE: A/C #0101 0119 01 411.001 Salaries & Wages $53,000.00 A/C #0101 0119 01 412.022 Civilian Vacation Bonus $ 4,657.56 A/C #0101 0119 01 413.006 Clothing Allowance $ 1,000.00 A/C #0101 0119 01 413.009 Tool Allowance $ 1,000.00 INCREASE A/C #0101 0119 02 422.021 Gasoline $59,657.56 Section 2. This Resolution shall be in full force and effect after passage and approval by the Mayor. INTRODUCED BY: /s/ Marc Espar, President Michigan City Common Council Councilman Przybylinski made a motion to adopt the proposed resolution, second by Councilman Parry. Council Vice President Hamilton asked if there were any comments or questions from the general public or Council regarding the proposed resolution and hearing none, the resolution was adopted by the following vote: AYES: Council Members Boy, Doyle, Hamilton, Murphy, Parry, Przybylinski, Schwanke, and Bietry (8). NAYS: None (0). ORDINANCE The Clerk read on first reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR FRONT-END LOADER FOR PARK DEPARTMENT Introduced by: Joe Doyle Rich Murphy (DECREASE: Riverboat Fund # 9000 Unappropriated balance - $ 155,000.00. INCREASE: ACCOUNT # 9000 0000 04 444.011 Park Equipment - $ 155,000.00) Bob Graves, Michigan City Parks Department Maintenance, stated the proposed front end loader would be replacing a twelve (12) year old loader that is not running and needs a new transmission at this time. Mr. Graves answered several questions and concerns Councilman Przybylinski had regarding records kept on the maintenance done to equipment at the Park Department and who would be doing the maintenance to the new front end loader if the appropriation is approved by the Council. Ben Neitzel, Director, Central Maintenance Department addressed the Council regarding changes he s making in his department; advising there is only one (1) mechanic that is

Page 5 November 7, 2012 ASE Certified and that he would like to see better training in the near future to educate the Central Maintenance employees on all equipment the City owns. Mr. Neitzel stated his mechanics work on several large pieces of equipment and when it comes to the preventive maintenance they go by the manufactures specification of the oil, filters, lubrication, etc. Mr. Graves advised that Central Maintenance mechanics come to the Park Department if they are unable to take the equipment to Central Maintenance. Councilwoman Boy asked if the $155,000 was an estimated cost on a new front end Loader and has the park looked for a new used one. Mr. Graves stated the $155,000 is an estimated cost for a new front end loader without the dollar trade-in of the current machine, advising buying used equipment might be getting into the same problems they already have. Mr. Graves addressed Councilman Bietry regarding what the average life span of a front end loader should be and advised him that these loaders are used in sand everyday which is hard on any equipment. Mr. Graves advised Councilman Parry that he would be looking through the list of the State Bid of Accounts that offer bidding that is already approved by the State and then compare brands, makes and models that will best to accommodate the Park Departments needs. Councilman Doyle asked if it would be advantageous to standardize manufacturers of equipment purchased within the City. Ben Neitzel, Director of Central Maintenance stated from his perspective it would be a lot nicer to have a basic one type manufacturer of equipment throughout the entire City. Vice President Hamilton advised he would be referring the proposed ordinance to the Finance Committee for their review and recommendation back to the Council prior to second reading. NOTE: Vice President Hamilton stated there would be a formal public hearing at the next Council meeting on November 20, 2012. Vice President Hamilton asked if there were any other comments or questions from the general public or Council and hearing none, the proposed ordinance was held over on second reading at the next Council meeting on Tuesday, November 20, 2012. The Clerk read on first reading by title only, AMENDING THE MUNICIPAL CODE TO AMEND SEWER USER FEES AND CHARGES TO BE COLLECCTED BY THE MICHIGAN CITY SANITARY DISTRICT FOR THE COLLECTION AND TREATMENT OF SEWAGE AND RELATED SERVICES AND MAKING OTHER CONFORMING AMENDMENTS Introduced by: Marc Espar Rich Murphy Councilman Przyblinski asked if the Clerk could read the first two (2) pages of the proposed ordinance in its entirety. There being no objection Vice President Hamilton asked the Clerk to read the following in its entirety,

Page 6 November 7, 2012 MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. AMENDING THE MUNICIPAL CODE TO AMEND SEWER USER FEES AND CHARGES TO BE COLLECTED BY THE MICHIGAN CITY SANITARY DISTRICT FOR THE COLLECTION AND TREATMENT OF SEWAGE AND RELATED SERVICES AND MAKING OTHER CONFORMING AMENDMENTS WHEREAS, the Sanitary District ( District ) of Michigan City, Indiana, a special taxing district, owns and operates its sewage works by and through the Board of Sanitary Commissioners ( the Board ) for the collection and treatment of sewage and other wastes ( sewage works ) pursuant to I.C. 36-9-25, et seq.; WHEREAS, I.C. 36-9-25-11 provides that the Board set the sewer user fees and charges ( fees ) to cover all of the costs of collection and treatment of sewage and other waste discharged into the District s sewage collection system, and it further authorizes the Board to amend those fees to meet the District s obligation to insure that such fees must at all times be sufficient to produce revenue to pay operation, maintenance, and administrative expenses, to pay the principal and interest on bonds as they become due and payable, and to provide money for extensions and replacements; WHEREAS, the Board has previously set said fees by adopting appropriate resolutions and forwarding those resolutions to the Michigan City Common Council for their approval; WHEREAS, the current sewer user fees and charges approved by the Michigan City Common Council by Ordinance No. 3941 on December 3, 2004 and codified at Sections 98-354, 50-505, and 50-506 in the Michigan City Municipal Code, do not generate revenue sufficient to pay operation, maintenance, and administrative expenses of the sewage works and to pay the principal and interest on any outstanding revenue obligations of the Sanitary District as they become due and payable; WHEREAS, the District operates under the terms and conditions of a National Pollution Discharge Elimination Permit (NPDES Permit) which, among other things, requires the District to keep its facilities and equipment in good working order, to operate those facilities and the equipment properly, to implement an appropriate industrial pretreatment program, and that the District s discharge to Trail Creek not exceed specific mass and concentration limits for certain pollutants identified in the NPDES Permit; WHEREAS, due to the District failure in the recent past to meet certain federal and state legal requirements concerning its operations, including those in its NPDES Permit, the District is currently under an Agreed Order with the Indiana Department of Environmental Management (IDEM) requiring numerous and substantial improvements to the District s facilities within the next several years or face severe fines for failing to do so; WHEREAS, due to the District s failure in the recent past to meet certain federal requirements for storing and handling of hazardous gases, the District is currently under a Consent Agreement and Order with the United States Environmental Protection Agency (EPA), which requires prompt substantial improvements to the District s gas handling and storage facilities or face severe fines for failing to do so; WHEREAS, the District s current revenues do not meet the costs of meeting the fulfilling all of the requirements of its NPDES Permit, the IDEM Agreed Order, the EPA Consent Agreement and Final Order (CAFO), and other applicable federal and state laws, rules, and regulations, an increase in fees is required to meet the District s responsibilities imposed thereunder; WHEREAS, based upon the Board s report from its financial consultant, Cender & Associates dated October 3, 2012, the District s attorney, James Meyer, and the General Manager, Michael Kuss, the Board introduced at a meeting on October 24, 2012, a resolution entitled Modifying Sewer User Fees for the Collection and Treatment of Sewage by the Michigan City

Page 7 November 7, 2012 Sanitary District (A copy of said resolution is attached hereto and incorporated herein as Exhibit A ); WHEREAS, the Board authorized the publication of a notice of public hearing for a hearing to be conducted on said resolution; WHEREAS, notice of the public hearing was published consistent with I.C. 5-3-1, et seq., and the Board conducted the hearing at which all interest parties were provided the opportunity to be heard; WHEREAS, following the hearing, the Board adopted the aforementioned resolution, which was numbered as Resolution No. 1311-12, finding that it is necessary to modify the existing fees in order to pay for the foregoing costs and expenses as well as future improvements, additions, and extensions reasonably anticipated to be needed to be made to the District s facilities; WHEREAS, pursuant to I.C. 36-9-25-11(c), Indiana law requires the approval of the Michigan City Common Council before the amended fees can be implemented; and WHEREAS, the Michigan City Common Council believes approving the amended fees and charges as proposed by the Sanitary District is in the best interests of the citizens of Michigan City, the City of Michigan City, and all of the customers of the Sanitary District. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City, Indiana, as follows: 1. The Common Council hereby finds that the existing sewer fees and charges for services rendered by the sewage works do not provide sufficient monies to pay for the operation, maintenance, administration, and financing of said sewage works and to pay the principal and interest on the outstanding revenue obligations of the Sanitary District as they become due and payable, and a general revision of the fees and charges is necessary to accomplish these purpose. 2. The Common Council hereby finds that the amendments to the sewer user fees and charges, as approved by the Sanitary Board by Resolution No. 1311-12 entitled Modifying Sewer User Fees for the Collection and Treatment of Sewage by the Michigan City Sanitary District (A copy of said resolution is attached hereto and incorporated herein as Exhibit A ) are just and equitable, and are necessary to pay for the operation, maintenance, administration, and financing of Sanitary District's facilities; to pay the principle and interest on the outstanding revenue bonds of the Sanitary District as they become due and payable; and to provide funds for facility improvements and equipment replacement, and the Common Council hereby approves said amendments pursuant to I.C. 36-9-25-11(b) and (c). Virginia Martin, 4851 E. U.S. Hwy. 12, addressed the Council with her concerns regarding the proposed rate hike being proposed, asking if the City would be taking in Beachwalk s lift station in the proposed ordinance. Attorney Meyer stated there are negotiations going on at the present time to have the Sanitary District take over Beachwalk s lift station if and when they get their paper work together and the station is demonstrated to be totally up to the districts standards for operation. Attorney Meyer advised at this time the citizens of Beachwalk pay the City for sewer services. Mrs. Martin asked the Council to look at using Riverboat money for some of the Sanitary Districts expenses to lower the dollar amount of the proposed rate hike for the citizens of Michigan City. Mrs. Martin asked what the average rate hike would be for a customer.

Page 8 November 7, 2012 Attorney Meyer stated it depends on what size your water meter is and how much water you use, advising the average bill assuming you use 5000 gallons of water per month and have a 5/8 inch meter would be approximately $34.00 a month total ($9.00 increase monthly). Councilman Parry commented on Mrs. Martin s concern about the burden being on the tax payer, advising he had done a preliminary study of the rate increase and that he found there was over three million dollars in project costs that can be paid for by other means than a rate increase. Mr. Parry advised it would lighten the burden on the tax payers. Councilman Parry asked the proposed ordinance be referred to committee. Councilman Schwanke stated he was concerned with the rates being proposed, that he sent an email to Michael Kuss, General Manger of the Sanitary District asking for a list/map of the City showing the areas of new sewers, along with a list of new customers from the last ten (10) to twelve (12) years. Councilman Schwanke advised that Mr. Kuss emailed him advising him that he would not be able to get this information for him until the beginning of next year. Councilman Schwanke advised he also requested from Mr. Kuss a map of the City that was not serviced by sewers, prioritizing his list of what was most important for informational purposes from 1992. Mr. Schwanke stated he had not received a response back as of this evening. Councilman Schwanke agrees with Mrs. Martin that there has been a considerable amount of sewer work done in our City in the last ten (10) to twelve (12) years, new sewers along with new customers that have brought in a considerable amount of new dollars to Sanitary District. Attorney Meyer advised that Mr. Kuss had a family matter he had to address and was unable to attend the meeting this evening. Mike Milatovic, Water Reclamation Superintendent of the Sanitary District addressed Councilman Przybylinski s concerns, introducing Damon Tsouklis, Financial Advisor, representing Cender & Associates to answer any questions the Council may have. Mike Milatovic presented Councilman Schwanke a partial response to the request made by him to Mr. Kuss advising the rest of the information would be forthcoming. Mr. Tsouklis stated Center & Associates are the financial advisors for the Sanitary District and are the Company that prepared the Cost of Service Study addressing the Council regarding the different options they have explored. Discussion ensued among Mr. Tsouklis, Vice President Hamilton and Councilmen Przybylinski and Parry. Vice President Hamilton advised he would be referring the proposed ordinance to the Utility and Public Health & Safety Committee for their review and recommendation back to the Council at the November 20, 2012 Council meeting. NOTE: Vice President Hamilton stated there would be a formal public hearing at the next Council meeting on November 20, 2012. Vice President Hamilton asked if there were any other comments or questions from the general public or Council and hearing none, the proposed ordinance was held over on second reading at the next Council meeting on Tuesday, November 20, 2012. The Clerk read on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE WATER GRID IMPROVEMENTS AT U.S. 35 AND U.S. 20 Introduced by: Chris Schwanke (DECREASE: Fund #9000 Riverboat Unappropriated balance $525,000.00.

Page 9 November 7, 2012 INCREASE: Account # 9000 0000 04 443.005 - $525,000.00 Other projects) Councilman Schwanke reiterated that the Council unanimously supported the resolution adopted earlier this year to fund $450,000 of this project advising after the estimates came back and were submitted they were slightly higher than the original project it was estimated to be. Councilman Schwanke advised that once this project starts he guarantees there will be immediate interest in the property and developing on U.S. Highway 35 and U.S. Highway 20. Councilman Schwanke asked if it would be possible to have third reading this evening also. NOTE: Vice President Hamilton stated there would be a formal public hearing held this evening. The formal public hearing was opened, with Vice President Hamilton asking is there anyone from the public who wishes to address the Council regarding the proposed ordinance (repeating three times) and hearing none the formal public hearing was closed. Vice President Hamilton asked if there was any objection from the Council to have third reading this evening and hearing none asked Ms. Neulieb, City Clerk to read the proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4207 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE WATER GRID IMPROVEMENTS AT U.S. HIGHWAY 35 AND U.S. HIGHWAY 20 WHEREAS, on June 19, 2012, the Common Council passed Resolution No. 4506 entitled Supporting and Approving Water Grid Improvements at U.S. Highway 35 and U.S. Highway 20 ; 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 budgeting for the water grid improvements at U.S. Highway 35 and U.S. Highway 20; and WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #9000 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 APPROPRIATED DECREASE Fund #9000 Riverboat Unappropriated balance $525,000.00 AMOUNT INCREASE Account # 9000 0000 04 443.005 $525,000.00 Other projects 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.

Page 10 November 7, 2012 INTRODUCED BY: /s/ Chris Schwanke, Member Michigan City Common Council Councilman Schwanke made a motion to adopt the proposed ordinance, second by Council Members Boy and Bietry. Councilman Przbylinski stated by putting the infrastructure there for the water it would be the right thing to do and is being proactive, advising he believes if the infrastructure is in place already it will invite investors to our City and that he would be supporting it. Councilman Parry commented on the proposed infrastructure stating this would entice developers which the projected utility costs would be a factor in whether they decide to locate in our community. Council Vice President Hamilton asked if there were any comments or questions from the general public or Council regarding the proposed ordinance and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Doyle, Hamilton, Murphy, Parry, Przybylinski, Schwanke, Bietry, and Boy (8). NAYS: None (0). The Clerk read on second reading by title only, APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE REPAIR OF GLASS DOORS AT CITY HALL Introduced by: Marc Espar (DECREASE: Riverboat Fund # 9000 Unappropriated balance - $ 23,650.00. INCREASE: ACCOUNT # 9000 0000 04 442.006 - Improvements to Buildings $ 23,650.00) NOTE: Vice President Hamilton stated there would be a formal public hearing held this evening. The formal public hearing was opened, with Vice President Hamilton asking is there anyone from the public who wishes to address the Council regarding the proposed ordinance (repeating three times) and hearing none, the formal public hearing was closed. Vice President Hamilton asked if there was any objection from the Council to have third reading this evening and hearing none asked Ms. Neulieb, City Clerk to read the proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL ORDINANCE NO. 4208 APPROVING ADDITIONAL APPROPRIATION IN THE BUDGET OF THE RIVERBOAT FUND FOR THE REPAIR OF GLASS DOORS AT CITY HALL 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 Riverboat Fund for the unexpected repairs of the glass doors at City Hall recently caused by the violent acts of an individual with a baseball bat who was subsequently arrested for his actions; and

Page 11 November 7, 2012 WHEREAS, the City Controller has determined that sufficient unappropriated funds are available in the Riverboat Fund #9000 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 APPROPRIATED DECREASE Riverboat Fund # 9000 Unappropriated balance $ 23,650.00 AMOUNT INCREASE ACCOUNT # 9000 0000 04 442.006 Improvements to Buildings $ 23,650.00 TOTAL FOR FUND $ 23,650.00 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/ Marc Espar, Member Michigan City Common Council Councilwoman Boy made a motion to adopt the proposed ordinance, second by Councilman Schwanke. Council Vice President Hamilton asked if there were any comments or questions from the general public or Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Hamilton, Murphy, Parry, Przybylinski, Schwanke, Bietry, Boy, and Doyle (8). NAYS: None (0). The Clerk read on second reading by title only, AMENDING THE PROCEDURE FOR COLLECTING THE FIRE INSPECTION FEE ESTABLISHED BY SEC. 50-283(a) OF THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA Introduced by: Pat Boy Councilwoman Boy advised that Randy Novak, Michigan City Fire Marshall was present to answer any questions the Council may have. Councilman Przybylinski asked if there were no objections to have third reading on the proposed ordinance this evening. Vice President Hamilton asked if there was any objection from the Council to have third reading this evening and hearing none asked Ms. Neulieb, City Clerk to read the proposed ordinance on third reading by title only, MICHIGAN CITY COMMON COUNCIL

Page 12 November 7, 2012 ORDINANCE NO: 4209 AMENDING THE PROCEDURE FOR COLLECTING THE FIRE INSPECTION FEE ESTABLISHED BY SEC. 50-283(a) OF THE MUNICIPAL CODE FOR MICHIGAN CITY, INDIANA WHEREAS, pursuant to the International Fire Code, as adopted by the State of Indiana, the Michigan City Fire Department is required to annually conduct a fire code compliance inspection for buildings and premises; WHEREAS, pursuant to Sec. 50-283(a) of the Michigan City Municipal Code, the Michigan City Fire Department charges a fee of $30.00 annually for each fire code compliance inspection performed and said fee is due and payable to the City within sixty (60) days from the date of said inspection; WHEREAS, the Michigan City Fire Department recommends an amendment to Sec. 50-283(a), and more specifically, the Michigan City Fire Department reasonably believes it would be more administratively convenient for their department to collect the $30.00 fire code compliance inspection fee each year on a fixed date, and by doing so, building owners can reasonably expect a routine invoice for said inspection each year on a fixed date; and WHEREAS, the Michigan City Common Council is desirous of implementing the recommendations of the Michigan City Fire Department and by doing so amending Section 50-283(a) of the Michigan City Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Michigan City that Section 50-283(a) of the Michigan City Municipal Code is amended to read as follows: Sec. 50-283. Fire Code Compliance Inspection Fee and Non-Emergency Medical Assistance Fee. (a) The fire code compliance inspection fee as required by Section 54-5 shall be $30.00 annually, and shall be due and payable to the City on March 1 of each year. The owner shall have thirty (30) days from March 1 of each year to remit payment. Any fee not collected by March 31 of each year shall be considered delinquent and the City shall have the right to bring a civil action to recover any delinquent fees together with reasonable attorney fees and court costs. This Ordinance shall take effect on January 1, 2013, after the same has been passed by the Council, approved by the Mayor, any necessary publication, and any necessary approval by the Indiana Department of Local Government Finance. INTRODUCED BY: /s/ Pat Boy, Member Michigan City Common Council Councilwoman Boy stated the proposed ordinance would standardize the date of the annual inspection and non emergency medical assistance fees due from local businesses. Councilwoman Boy made a motion to adopt the proposed ordinance, second by Councilman Doyle. Council Vice President Hamilton asked if there were any comments or questions from the general public or Council and hearing none, the proposed ordinance was adopted by the following vote: AYES: Council Members Murphy, Parry, Przybylinski, Schwanke, Bietry, Boy, Doyle, and Hamilton (8). NAYS: None (0).

Page 13 November 7, 2012 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Vice President Hamilton stated Mayor Meer requests advice and consent concerning the re-appointment of Ms. Jo Ann Engquist and Ms. Judi Huber as a member of the Human Rights Commission. Ms. Engquist and Mr. Huber s term would begin immediately and would expire on 11/2/2016. Vice President Hamilton advised the vote would be taken at the November 20, 2012 Council meeting. COMMENTS FROM THE PUBLIC Virginia Martin, 4851 E. U.S. Hwy. 12, addressed the Council regarding the redistricting of the Council Wards in the City stating her concerns. Mrs. Martin stated when she served on the Redevelopment Commission, the Commission started the Plan Development, addressing the agreement that was made between the Redevelopment Commission and Beachwalk. Mrs. Martin stated in this agreement with Beachwalk the City would not be doing garbage pick in this area due to City codes tthat were not followed when building the development. Mrs. Martin asked why garbage is being picked now, when the agreement was the City would not offer this service. John Vail, Michigan City addressed the Council regarding Professor Von Maur s presentation, the relocation of NICTD and getting a concrete plan for getting across Trail Creek. COMMENTS FROM THE COUNCIL Councilwoman Boy thanked Professor Von Maur s for the presentation he did this evening and thanked Mrs. Martin for her comments. Councilman Parry stated he shares Mrs. Martin s feelings regarding Beachwalk, it was a planned community that was developed by a private developer and he doesn t support Michigan City taking responsibility for all the services provided to them. Councilman Bietry addressed the Council commenting that he doesn t disagree with comments that have been made about Beachwalk but the City had a private developer that invested millions of dollars in Michigan City and that you can t deny that Beachwalk is a positive element in our City bringing people to our community. Councilman Przybylinski commented on Ordinance No. 4102 which states the requirements regarding the hiring of City residence, minorities and woman on certain City construction projects over $200,000, advising Dr. Jackson, Director of the Human Rights Department brought to his attention in this ordinance a Local Hiring Council Committee is to be formed by the Council President, asking this be done. Councilman Przybylinski congratulated Marty Corley and Scott Kaletha for being named Police/Firefighter of the year thanking the Exchange Club for sponsoring these awards. Councilman Murphy stated being one of the drafters of the Local Hiring Ordinance along with Mayor Meer and Bob McKee, advised they had set up a provision called the Local Hiring Oversight Committee and it would be formed by the Council President. Councilman Murphy stated President Espar would be forming this committee.

Page 14 November 7, 2012 Councilman Parry commented on the South Shore realignment, advising it isn t hard to make a decision but it is difficult to make the right decision stating this project isn t going to happen overnight. Councilman Parry stated there are several phases before the project actually will start after a decision is made. ADJOURNMENT A motion by Councilman Parry, supported by Councilman Murphy, and there being no further business to transact, Vice President Hamilton declared the meeting ADJOURNED (approximately 8:11 p.m.). Gale A Neulieb, City Clerk