FEBRUARY 20, 2018 The Common Council of the City of LaPorte met in regular session in the Council Chambers on Tuesday, February 20, 2018 at 6:00 p.m. Pledge Councilwoman Scherer led the Pledge of Allegiance. Present: Scherer, Feikes, Cutler, Galloway, Fettinger, Stabosz and Mrozinske Absent: None Minutes Mayor Krentz stated each Council member received an advance copy of the minutes from the February 5, 2018 meeting and asked if there were any corrections or additions. Councilwoman Feikes moved to approve the minutes as presented; motion seconded by Councilman Stabosz and unanimously carried. Petitions & Comments Sierra Sue Jesch, Stone Lake Drive, stated she supports the Council in changing their meeting time to 6:00 p.m. She stated there are City officials here that have been at work since 8:00 a.m. or earlier and having the meeting at 7:00 p.m. makes for a very long day for them. Also, as a person who attends Council meetings regularly moving the meetings to an earlier time will help her as she gets up fairly early in the morning, so it would be nice to get out of here at a decent time. Mark Schreiber, Park Superintendent, stated he wanted to respond to a couple of comments that were made at the last meeting regarding the Park Department only giving a business 24 hours to submit a bid for t-shirts and not supporting local businesses. He advised that either he or one of his staff members talked with four out of the five businesses regarding the bids for the t-shirts and the bid packets were mailed to all five three weeks before they were due. Mr. Schreiber stated he spoke with one business to and was told by the owner that they had been having problems receiving their mail and they thought they had received the packet one week prior to the deadline. He stated as far as supporting local businesses, the Park Department very much supports our local businesses and listed some of the businesses that they do business with including the dollar amount spent last year and this does not include the dollar amounts and businesses that are used by the Civic Auditorium and Beechwood Golf Course. Mr. Schreiber they are happy to support our local businesses but there are times when they have to use businesses outside of the City due to either availability or pricing in order to keep costs down for their programs. He advised the Council if they have any questions or comments regarding anything to do with the Park Department he is always available. Brian Kajer, 406 Niesen, stated in reference to agenda item ten and eleven, he hopes that work will continue in Monroe Manor. He stated with the amount of rain we just received almost every street in Monroe Manor is under water. Mr. Kajer suggested that when the City plants trees they aren t placed between sidewalks and curbs unless the tree is 15 to 17 feet tops. He stated he knows that LaPorte is considered the Maple City, but planting trees that grow to be 50, 60 or 80 feet is not a good idea. Councilman Fettinger stated Mr. Kajer is exactly right. Back in the 1920 s they put in trees that would
get 80 feet tall not realizing what would happen fifty, sixty, seventy years later. He reported this was addressed in the City s Master Plan where there is a list of trees that can be planted in the treelawn and it even goes one step further and there is a limit on new construction where the treelawn has to be at least eight feet between the curb and sidewalk. Mr. Kajer stated he is just addressing Monroe Manor and if the City continues with the work in that area he didn t want to see money spent on trees that are going to grow to be forty feet or taller. Councilman Stabosz stated it is a balancing act between quality of life aspects where for instance Woodlawn where we still have older trees and the treelawns are wide enough to where it adds the sense of ambiance and quality of life for the City. Councilman Stabosz reported the City will be considering the notion of adding a Stormwater District and along with that there would be a fee. He asked Mr. Kajer how he would feel about paying a fee that will fund and accelerate improvements to the City s sewer system which will help areas such as Monroe Manor. Mr. Kajer stated personally he believes growth takes opportunity and it takes advancement. He stated if the public is going to pay taxes or a fee, they want to see something happen with that money. Christopher Throgmorton stated he wanted to pass out a couple cards that outlines some things about disability that none of you as the governing body seem to be taking into consideration throughout his extensive years of law in attempt to resolve one very simple issue. He stated he is not talking to him (Nick Otis, Attorney for the City) and inquired if the Council is aware of the law or are they just take the attorney s advice when he comes here because it would seem to him that the attorneys are hiding a lot things that are going on, so he is wondering how informed the Council is as the governing body. Mr. Throgmorton asked if the Council has been informed on the how the attorneys are handling discrimination complaints, public records requests and things of this nature because he has made every attempt to handle this the proper way and he believes that appropriate options for his problem have been eliminated from (inaudible). He stated he has been basically told that he is some sort of violent threat to you people. Mr. Throgmorton stated he is being forced to interact with this guy (City Attorney) and he makes it seem like you guys are purposely breaking the law and avoiding dealing with it which he does not understand. He went on to say that he has a neurological disorder that makes him rely on social ques to understand the world around him and what he is being told is that the process for a citizen, the transparency for the citizen is gone and that you guys are going to hide behind a bunch of attorneys. He stated a lot of money has been spent on dealing with what he is talking about and in looking at the invoices sent to him by the City Attorney for work done by Attorney Beige for the previous City Attorney, the dates add up. Every time I show up wanting results you guys are being billed because there are no meetings for those days and there is no reason for these two attorneys to be talking unless they are talking about him. Mr. Throgmorton stated Mr. Otis is claiming since August 20, 2015 the City is authorizing this and that it is attorney work product. Councilman Galloway told Mr. Throgmorton if he feels he is not getting the records he is requesting, he should contact the County Prosecutor and he will make sure he gets the records he wants. Mr. Throgmorton stated if you let him (City Attorney) force him to do a Motion to Disclose Public Records, he ll do it, but his fee is five million dollars. Mayor Krentz asked Mr. Throgmorton if he had any further comments. Mr. Throgmorton stated he had a lot of comments to make. The Mayor stated he would limit his time. Mr. Throgmorton stated he does not believe the Mayor can do that either and we can discuss that in a bit. Councilman Galloway stated he believes the Council can limit his time for comments. Mr. Throgmorton told Councilman Galloway he would let a Judge decide that. He stated he believes that you (Councilman Galloway) had an emotional reaction where you exhibited a lot of PTS (inaudible) which he identifies with, you yelled something
about protecting my freedom. Nick Otis, Attorney for the City, cut Mr. Throgmorton off at this point and told him he was done speaking this evening. Mr. Throgmorton stated he is not done, he has more to say. Mr. Otis stated Mr. Throgmorton made personal attacks on a Council member and that is not going to be allowed. Councilman Stabosz asked Mr. Throgmorton to leave the cards he had. Angie Woodcox, 700 Block A Street, addressed the Council regarding the much needed repairs on A Street regarding drainage in the area and is in complete support of the proposed Ordinances before the Council this evening on the Sewage and Water Bonds. She stated she hopes with these bonds work can be done on A Street. Standing Committee Reports Fire Department: Councilwoman Scherer reported the Fire Merit Commission met on February 7 th at which time they elected officers for 2018. She reported on February 25, 2018, Firefighter Darrell Crites will be retiring after 33 year of service. Councilwoman Scherer reported the performance ratings are finished and the commission is preparing for new applicants. Application packets are being prepared with the physical agility test taking place on April 7, 2018 at 7:30 a.m. at the 18 th Street Fire Station and the mental aptitude test will be given at LaPorte High School on April 14 th with check-in time at 7:30 a.m. The next Fire Merit Commission meeting will be held on Wednesday, March 7, 2018 at 6:30 p.m. at the 18 th Street Fire Station. Code Enforcement: Councilwoman Scherer reported the next Code Enforcement meeting will be held on March 7, 2018 at 5:30 p.m. at City Hall. Park & Recreation: Councilwoman Feikes reported the Park Board will be meeting tomorrow afternoon at the Park Office. She noted the meeting time has changed from 4:30 p.m. to 4:00 p.m. BID Board: Councilwoman Cutler stated the last two months discussion of snow removal has been a topic for the BID Board. She reported the BID Board contracts for snow removal on the sidewalks within the BID area but this is only a five foot walkway and cutouts to the street where possible. She reported businesses were reminded it is their responsibility to help remove snow in front of their business. Urban Enterprise Association: Councilwoman Cutler reported the Urban Enterprise Association will be meeting this Wednesday, February 21, 2018 at 4:00 p.m. Historic Preservation Commission: Councilwoman Cutler reported the Historic Preservation Commission is meeting tonight at the GLEDC Offices because of the conflict with the holiday. She reported they are also holding their annual planning session tonight at 6:15 p.m. Site Review Committee: Councilman Galloway reported the Site Review Committee met on February 13, 2018. Discussion was held regarding the building of a new hospital and an addition to the LaPorte Missionary Church. Police Department: Councilman Galloway reported the Police Merit Commission met on February 13, 2018. He reported two new officers were sworn in on February 9 th and were set to start at the academy
yesterday. He advised the Police Department is continuing to give various classes at several different locations. Airport Authority: Councilman Fettinger reported the Airport Authority met last Wednesday, February 14, 2018. He advised the main topic of the meeting was they have completed a new kitchenette at the Airport for transient pilots as well as their Summer Lunch Program. He reported they were able to come in under budget for the project by doing a lot of the installation themselves. Redevelopment Commission: Councilman Stabosz reported the Redevelopment Commission will next meet on February 22, 2018 at 5:15 p.m. Topics of discussion will be updates on the Andrew Avenue Project, NewPorte Landing Phase II, North Boyd sewer separation, U.S. 35/St. Rd. 39 overpass improvements and the renovations at the Beechwood club house. He advised they will be holding an executive session at 4:30 which is not open to the general public. School Board Liaison: Councilman Mrozinske reported the School Board met last Monday, February 12, 2018 at which time project updates were given with Handley Elementary School expected to be open in the fall. Reports were given on some of the curricular teams as well as a Wellness Grant that is taking place in all the schools. Second & Final Reading of an Ordinance Amending Section 94-234 of the Municipal Code, Fifteen- Minute Limit (Monroe Street) Councilman Galloway moved to read an Ordinance for the second and final time by title only; motion seconded by Councilwoman Feikes and unanimously carried. Councilman Galloway read an Ordinance Amending Section 94-234 of the Municipal Code, Fifteen-Minute Limit (Monroe Street) by title only. Mayor Krentz stated this Ordinance removes the fifteen-minute parking limit on the east side of Monroe Street north of its intersection with Jefferson Avenue and returns it to a two-hour parking space, where the old Domino s Pizza was located. He asked if there were any questions or comments. Motion/Vote Adopt Ordinance 1-2018 Councilman Mrozinske moved to adopt the Ordinance as presented; motion seconded by Councilwoman Feikes and unanimously carried. ORDINANCE 1-2018 ORDINANCE AMENDING SECTION 94-234 OF THE MUNICIPAL CODE, FIFTEEN-MINUTE LIMIT (Monroe Street) Second & Final Reading of an Ordinance Amending Section 94-255 of the Municipal Code of the City of LaPorte, Indiana, to Designate an Additional Handicapped Parking Space (Woodward Street) Councilman Stabosz moved to read an Ordinance for the second and final time by title only; motion seconded by Councilwoman Feikes and unanimously carried. Councilman Stabosz read an Ordinance Amending Section 94-255 of the Municipal Code of the City of LaPorte, Indiana, to Designate an Additional Handicapped Parking Space (Woodward Street) by title only.
The Mayor stated this Ordinance is to create a handicapped parking space on Woodward Street. asked if there were any questions or comments. He Motion/Vote Adopt Ordinance 2-2018 Councilman Galloway moved to adopt the Ordinance as presented; motion seconded by Councilman Fettinger and unanimously carried. ORDINANCE 2-2018 ORDINANCE AMENDING SECTION 94-255 OF THE MUNICIPAL CODE OF THE CITY OF LAPORTE, INDIANA, TO DESIGNATE AN ADDITIONAL HANDICAPPED PARKING SPACE (107 Woodward Street) Second & Final Reading of an Ordinance Amending Section 2-65 of the Municipal Code, Regular Meetings Councilman Stabosz moved to read an Ordinance for the second and final time by title only; motion seconded by Councilwoman Feikes and unanimously carried. Councilman Stabosz read an Ordinance Amending Section 2-65 of the Municipal Code, Regular Meetings by title only. Mayor Krentz advised this Ordinance is to officially change the meeting time of Council minutes to 6:00 p.m. He asked if there were any questions or comments. Councilman Stabosz stated he appreciates the comments made earlier by Ms. Jesch. He stated it is a difficult call and a balancing act between folks like Ms. Jesch and others who are working late and if we have an issue that fills up this chamber, and every now and then we get that, there may be more people who want to eat dinner and come to the meeting at 7:00 p.m. Councilman Stabosz stated it is a tough call and he appreciates the opinion but believes the Council would be more accessible if the meetings stay at 7:00 p.m. and that is the reason he will be voting against the Ordinance. Motion/Vote Adopt Ordinance 3-2018 Councilman Galloway moved to adopt the Ordinance as presented; motion seconded by Councilwoman Feikes and carried by a majority vote with Councilman Stabosz voting nay. ORDINANCE 3-2018 ORDINANCE AMENDING SECTION 2-65 OF THE MUNICIPAL CODE, REGULAR MEETINGS (Council Meeting Time) Introduction of an Ordinance Authorizing the Acquisition, Construction and Installation by the City of LaPorte, Indiana, of Certain Improvements and Extensions to the City s Sewage Works, the Issuance and Sale of Revenue Bonds to Provide Funds for the Payment of the Costs Thereof, the Issuance and Sale of Bond Anticipation Notes in Anticipation of the Issuance and Sale of Such Bonds, and the Collection, Segregation and Distributions of the Revenues of Such Sewage Works, and all Matters Related Thereto Due to the length of the Ordinance, Councilman Mrozinske moved to suspend the rules and introduce an Ordinance by title only; motion seconded by Councilwoman Scherer and unanimously carried. Councilman Mrozinske read an Ordinance Authorizing the Acquisition, Construction and Installation by
the City of LaPorte, Indiana, of Certain Improvements and Extensions to the City s Sewage Works, the Issuance and Sale of Revenue Bonds to Provide Funds for the Payment of the Costs Thereof, the Issuance and Sale of Bond Anticipation Notes in Anticipation of the Issuance and Sale of Such Bonds, and the Collection, Segregation and Distributions of the Revenues of Such Sewage Works, and all Matters Related Thereto by title only. Mayor Krentz stated this Ordinance is to provide the funding mechanisms for the projects associated with the Schneider proposal for cost savings with regard to utility meters, solar panels and other projects as previously indicated at the last Council meeting by Umbaugh and Associates. He asked if there were any questions or comments. Mr. Otis advised that Bond Counsel has asked the Council to suspend the rules and adopt this and the following Ordinance in one meeting to keep the project moving. He stated there are timing issues with relation to the issuance of the bonds and interest rates. Motion/Vote Suspend the Rules and Read the Ordinance for the Second Time by Title Only Councilman Mrozinske moved to suspend the rules and read the Ordinance for a second time by title only; motion seconded by Councilwoman Scherer and unanimously carried. Councilman Mrozinske read an Ordinance Authorizing the Acquisition, Construction and Installation by the City of LaPorte, Indiana, of Certain Improvements and Extensions to the City s Sewage Works, the Issuance and Sale of Revenue Bonds to Provide Funds for the Payment of the Costs Thereof, the Issuance and Sale of Bond Anticipation Notes in Anticipation of the Issuance and Sale of Such Bonds, and the Collection, Segregation and Distributions of the Revenues of Such Sewage Works, and all Matters Related Thereto for a second and final time by title only. Motion/Vote Adopt Ordinance 4-2018 Councilwoman Feikes moved to adopt the Ordinance as presented; motion seconded by Councilman Galloway and unanimously carried. ORDINANCE 4-2018 ORDINANCE AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION BY THE CITY OF LAPORTE, INDIANA, OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY S SEWAGE WORKS, THE ISSUANCE AND SALE OF REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS, AND THE COLLECTION, SEGREGATION AND DISTRIBUTIONS OF THE REVENUES OF SUCH SEWAGE WORKS, AND ALL MATTERS RELATED THERETO Introduction of an Ordinance of the City of LaPorte Authorizing the Issuance of Waterworks Revenue Bonds for the Purpose of Providing Funds to Pay the Cost of Certain Additions, Extensions and Improvements to the Municipal Waterworks of said City, Providing for the Safeguarding of the Interests of the Owners of Said Bonds, Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds and Repealing Ordinances Inconsistent Herewith Due to the length of this Ordinance, Councilman Fettinger moved to suspend the rules and introduce an Ordinance for its first reading by title only; motion seconded by Councilwoman Feikes and unanimously
carried. Councilman Fettinger read an Ordinance of the City of LaPorte Authorizing the Issuance of Waterworks Revenue Bonds for the Purpose of Providing Funds to Pay the Cost of Certain Additions, Extensions and Improvements to the Municipal Waterworks of said City, Providing for the Safeguarding of the Interests of the Owners of Said Bonds, Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds and Repealing Ordinances Inconsistent Herewith by title only. Mayor Krentz stated this Ordinance is for the same purpose as the previous Ordinance only this is for the Water Department. He asked if there were any questions or comments. Motion/Vote Suspend the Rules and Read the Ordinance for the Second Time by Title Only Councilman Fettinger moved to suspend the rules and read the Ordinance for a second time by title only; motion seconded by Councilwoman Scherer and unanimously carried. Councilman Fettinger read an Ordinance of the City of LaPorte Authorizing the Issuance of Waterworks Revenue Bonds for the Purpose of Providing Funds to Pay the Cost of Certain Additions, Extensions and Improvements to the Municipal Waterworks of said City, Providing for the Safeguarding of the Interests of the Owners of Said Bonds, Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds and Repealing Ordinances Inconsistent Herewith for the second and final time by title only. Councilman Mrozinske stated both of the Ordinances are posted on the City s website should anyone want to read them. Motion/Vote Adopt Ordinance 5-2018 Councilman Galloway moved to adopt the Ordinance as presented; motion seconded by Councilwoman Feikes and unanimously carried. ORDINANCE 5-2018 ORDINANCE OF THE CITY OF LAPORTE AUTHORIZING THE ISSUANCE OF WATERWORKS REVENUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF SAID CITY, PROVIDING FOR THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS, OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS AND REPEALING ORDINANCES INCONSISTENT HEREWITH Introduction of an Ordinance Amending Ordinance No. 20-2004 of the Municipal Code of the City of LaPorte, Indiana (Smoking in City Owned Buildings and Vehicles) Councilwoman Feikes moved to introduce an Ordinance; motion seconded by Councilwoman Cutler and unanimously carried. Councilwoman Feikes read an Ordinance Amending Ordinance No. 20-2004 of the Municipal Code of the City of LaPorte, Indiana (Smoking in City Owned Buildings and Vehicles) for the first time in its entirety. Mayor Krentz stated this Ordinance is to amend the City s current Ordinance prohibiting the use of any tobacco product in City owned buildings or vehicles by adding the words vape, ENDS, e-cigarette or similar devices. A brief discussion was held regarding this Ordinance. Mayor Krentz stated this Ordinance will be placed on the next regular Council agenda.
Other Business Mr. Otis advised the Council he has been working with the Clerk-Treasurer on delinquent accounts and ways to collect those accounts. He reported they have met with a company that primarily does municipal collections and wanted to get feedback from the Council on whether they are supportive of passing on the company s fees to the customer. He stated the other option is the City would absorb the fee. He stated this would be for utility bills and violations. Mr. Otis stated the City currently has approximately $88,225 in past due utility bills. Discussion was held regarding this matter and the consensus of the Council was to pass on the collection company s fees to the customer. Mr. Otis stated he does not think he will have an Ordinance ready for the Council at their next meeting, but will get one together in the near future. Adjourn There being no further business, Councilman Galloway moved to adjourn; motion seconded by Councilwoman Feikes and unanimously carried. Attest: Teresa L. Ludlow, Clerk-Treasurer Approved: March 5, 2018 Approved: Mark A. Krentz, Mayor