DECEMBER 3, The Common Council of the City of LaPorte met in regular session in the Council Chambers on Monday, December 3, 2018 at 6:00 p.m.

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1 DECEMBER 3, 2018 The Common Council of the City of LaPorte met in regular session in the Council Chambers on Monday, December 3, 2018 at 6:00 p.m. Pledge Councilman Mrozinske led the Pledge of Allegiance. Present: Feikes, Cutler, Fettinger, Stabosz and Mrozinske Absent: Scherer Mayor Krentz noted item number ten on the agenda should reflect Center Township and not Scipio Township. Minutes Mayor Krentz stated each Council member received an advance copy of the minutes from the November 19 th meeting and asked if there were any corrections or additions. Councilwoman Feikes moved to approve the minutes as presented; motion seconded by Councilwoman Cutler and unanimously carried. Petitions & Comments Sierra Sue Jesch, Stone Lake Drive, addressed the Council regarding the Landlord Registry. She stated she is in agreement with the Police and Fire Departments that they need this information for rental units in a timely fashion, however, the Council should meet with the Landlord Association prior to bringing it off the table to see if they can come up with something that is beneficial to both parties. Angie Woodcox, 705 A Street, stated she supports the proposed stormwater fee as they are in desperate need of improvements in her neighborhood. Robert McCann, Marquette Street, stated he does not support the proposed stormwater fee as the City passed a $2 fee that was to go toward streets as well as a $25 vehicle tax. He stated he does not see why those funds as well as money for the Street Department is not paying for street issues. Chris Throgmorton stated the Council just approved the minutes from the last Council meeting, however, they are not on the City s website so how is anyone supposed to know what happened at that meeting. Standing Committee Reports Park & Recreation: Councilwoman Feikes reported the Park Board met on November 21 st at which time it was stated the LaPorte Park and Recreation Department, in conjunction with LaPorte County MS4, LaPorte County Solid Waste and the LaPorte Area Lakes Association has been awarded a Clean Water Grant in the amount of $47,000. These funds will be used to address erosion issues at Kiwanis-Teledyne Park. The Park Department will be having a public input meeting this Thursday, December 6, 2018, at 6:00 p.m. at the Park Office located at 250 Pine Lake Avenue. It was reported the renovations scheduled to take place at Fort LaPlay Porte are now in the development phase. A 3-D drawing should be ready for

2 publication in January with additional fundraising needed to complete the project. Councilwoman Feikes reported the Park Board approved fee increases for 2019 for Beechwood Golf Course, Civic Auditorium and the Park Department. She advised the Healthcare Foundation is donating funds to install a nine-foot climbing wall at Stone Lake Beach. The Park Board approved the solicitation of bids for the purchase and installation of a play cube structure at Fox Park which the Foundation will also be involved with. The Foundation is also contributing money to be used toward shade sails at Kesling Park Ball Diamonds as well as the construction of batting cages. Fundraising will be necessary to raise other monies necessary to complete the project. Councilwoman Feikes reported the Park Board gave approval for Mark Schreiber and Pam Carroll to attend the Indiana Park and Recreation Association Conference in February. Approval was given to encumber funds to repair the Gateway Monument at the entrance of Fox Park. The repairs will take place next year. Traffic Commission: Councilwoman Feikes reported the Traffic Commission will be meeting tomorrow evening, December 4, 2018, at 6:00 p.m. at the Police Department. BID Board: Councilwoman Cutler reported at the Business Improvement District meeting in November expiring terms were discussed. Four of the five seats are seeking re-appointment from the Council for a two-year term. They are Brad Adamsky, Fran Milo, Jim Kaminski and Clinton Worthington. She advised one seat will need to be re-appointed as Robin Clark was recently transferred to the Horizon Bank location in Michigan City and no longer fulfills the requirement to live/work/or own a business within the BID District. She advised the owners of Salon Rouge have expressed interest in having one of their two co-owners be appointed to fill that vacancy. The next BID meeting will be held on November 10 th. Following that the President of the BID will be attending the next Council meeting seeking approval. Historic Preservation Commission: Councilwoman Cutler reported the Historic Preservation Commission will meet Tuesday, December 18 th at 5:30 p.m. Urban Enterprise Association: Councilwoman Cutler reported the Urban Enterprise Association will meet on Wednesday, December 19, School Board Liaison: Councilman Mrozinske reported the next School Board meeting will be held on Monday, December 10 th at 6:00 p.m. at the Educational Services Center. Public Hearing and Second & Final Reading of an Ordinance Establishing an Initial Rate for City Sewer Services for the Purpose of Stormwater Management 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 Establishing an Initial Rate for City Sewer Services for the Purpose of Stormwater Management by title only. Public Hearing Ordinance Establishing an Initial Rate for City Sewer Services for the Purpose of Stormwater Management

3 As this Ordinance requires a public hearing, Mayor Krentz opened the public hearing. Roger Galloway, Clerk-Treasurer, presented proof of publication for the public hearing which was advertised on November 21, Jerry Jackson, Director of Wastewater, addressed the Council regarding this matter. Mr. Jackson reported a stormwater utility will create an income stream for drainage problems within the City. He stated a lot of these problems are long standing as there isn t sufficient funds in the Wastewater budget to fix them. Mr. Jackson reported there has been an increase in regulations from the EPA, the City needs to protect our lakes as well as drinking water. He advised there is a map in the back of the room indicating the areas that have more significant issues, however, there are many more smaller issues that are not on the map. Mr. Jackson stated during 2019 the department will create a Master Plan on how this money will be used over the long-term. He advised the smaller projects will be done as pay as you go. Sheila McKinley, Christopher B. Burke Engineering, LLC, gave a slide show presentation outlining what some of the stormwater challenges are, what a stormwater utility funds, the proposed rate structure, how those fees will be used, comparisons of similar sized communities who have a stormwater utility and their rates compare the proposed rates for the City of LaPorte. Eric Welch, Umbaugh & Associates, addressed the financial issues regarding the proposed stormwater fees. Mr. Welch, Ms. McKinley, Mr. Jackson and Nick Minich, City Engineer, answered questions from the Council including a decline in insurance rates, State and Federal regulations, street preventative maintenance and future bond issues. Councilman Stabosz inquired if the fee could be phased in over the next couple of years instead of all at one time. Mr. Welch stated the Council can phase the rate in if they choose to do so, however, the fee cannot be more than what was advertised. He stated if the Council would want to implement a lower fee the first year and then a larger fee the next year there would need to be another advertisement for a public hearing for the new rates compared to what was advertised for tonight s meeting. He advised this would hinder any projects Mr. Jackson had anticipated on doing next year under the pay as you go method that was mentioned earlier. Councilman Fettinger inquired if some of the smaller projects would include A Street, B Street, Kingsporte Avenue and/or 18 th Street. Mr. Jackson stated all of those projects would be delayed. Councilman Fettinger stated the City can t wait any longer to get those projects done. Mayor Krentz asked if there was anyone else who wished to address the Council regarding this Ordinance. As no one came forward, he declared the public hearing closed. Motion/Vote Adopt Ordinance Councilwoman Feikes moved to adopt the Ordinance as presented; motion seconded by Councilman Fettinger and unanimously carried.

4 ORDINANCE ORDINANCE ESTABLISHING AN INITIAL RATE FOR CITY SEWER SERVICES FOR THE PURPOSE OF STOSRMWATER MANAGEMENT Public Hearing Regarding the Petition & Ordinance of the Common Council of the City of LaPorte, Indiana, Annexing to and Bringing Within the City Limits of LaPorte, Indiana, and Amending the Zoning Ordinance for Property Located in Scipio Township, Contiguous Herewith (LaPorte Municipal Airport Parcels A, B, C, F) Mayor Krentz declared the public hearing open for the Petition & Ordinance of the Common Council of the City of LaPorte, Indiana, Annexing to and Bringing Within the City Limits of LaPorte, Indiana, and Amending the Zoning Ordinance for Property Located in Scipio Township, Contiguous Herewith (LaPorte Municipal Airport Parcels A, B, C, F) and asked if someone from the Airport wanted to address the Council regarding this matter. The Clerk-Treasurer presented the affidavit of publication for the public hearing which was advertised on November 10, Bill Nelson, Attorney for the LaPorte Municipal Airport, advised there were three members of the Aviation Board in attendance tonight should the Council have any questions for them. Mr. Nelson advised there are two separate Ordinances regarding the annexation however, there is only one petition. He reported under the first Ordinance, Parcels A, B, C, and F are all contiguous on the East side of the Airport whereas, the second Ordinance, Parcels D, E, G, H, I, and J are on the west side. He stated this required two separate fiscal plans which were done by Umbaugh & Associates. Mr. Nelson gave a brief recap of where the properties are located, the history behind the purchase of the properties and the potential future use by the Airport. Mayor Krentz asked if there was anyone else who wished to address the Council regarding this matter. As no one came forward, he declared the public hearing closed. Second and final reading of the Ordinance will take place at the next regular Council meeting. Public Hearing Regarding the Petition & Ordinance of the Common Council of the City of LaPorte, Indiana, Annexing to and Bringing Within the City Limits of LaPorte, Indiana, and Amending the Zoning Ordinance for Property Located in Scipio Township, Contiguous Herewith (LaPorte Municipal Airport Parcels D, E, G, H, I, J) Mayor Krentz declared the public hearing open for the Petition & Ordinance of the Common Council of the City of LaPorte, Indiana, Annexing to and Bringing Within the City Limits of LaPorte, Indiana, and Amending the Zoning Ordinance for Property Located in Scipio Township, Contiguous Herewith (LaPorte Municipal Airport Parcels D, E, G, H, I, J). The Clerk-Treasurer presented the affidavit of publication for the public hearing which was advertised on November 10, 2018.

5 Mayor Krentz asked if the Council had any questions or comments. There were none. He asked if anyone wished to address the Council regarding this matter. As no one came forward he declared the public hearing closed. Second and final reading of the Ordinance will take place at the next regular Council meeting. Public Hearing Regarding the Petition & Ordinance of the Common Council of the City of LaPorte, Indiana, Annexing to and Bringing Within the City Limits of LaPorte, Indiana, and Amending the Zoning Ordinance for Property Located in Center Township, Contiguous Herewith (Legacy Hills Development, LLC) Mayor Krentz declared the public hearing open Regarding the Petition & Ordinance of the Common Council of the City of LaPorte, Indiana, Annexing to and Bringing Within the City Limits of LaPorte, Indiana, and Amending the Zoning Ordinance for Property Located in Center Township, Contiguous Herewith (Legacy Hills Development, LLC). The Clerk-Treasurer presented the affidavit of publication for the public hearing which was advertised on November 10, Bill Nelson stated he also represents Legacy Hills Development LLC and would be happy to answer any questions from the Council. He advised Jerry Fedorchak, one of the principals and architects of the proposed project is also present should the Council have any questions. Councilman Stabosz inquired if any of elevations have been made available yet. Mr. Fedorchak stated no they have not gone beyond the master plan phase for the project, not knowing if they are going to be accepted into the City or not. Donna McCleery, 135 W. McClung Road, stated she believes 14 townhouses on this particular piece of property seems like quite a lot. She reported her property was annexed into the City 50 years ago and at that time they were promised water, sewer, curbing and sidewalk. She stated they got water but only because their wells were contaminated by the City dump. Ms. McCleery stated when they were annexed into the City 40 feet of the lakefront edge had to stay in the County as Fish Trap Lake is in the County and not the City. She asked if that was the case with this particular property. Ms. McCleery inquired if the City annexes this property into the City does it mean that the residents along McClung Road will finally be given what they were promised 50 years ago. Councilman Stabosz stated he welcomes new development and in fact the proposed development along Clear Lake in NewPorte Landing is very exciting. He stated he has some concerns regarding the design and development standards for our lake fronts. He stated he believes the City should have some type of design and development standards similar to the Downtown Standards and NewPorte Landing Design Standards.

6 Ron Hartke, Fish Trap Lake, stated he has concerns that this could change the current lake rules for Fish Trap Lake. He stated Fish Trap Lake is a great fishing lake and having pontoons, skidoos and speed boats can t be allowed as it will ruin all the fishing. Councilman Stabosz inquired if there is any public access to Fish Trap Lake. Mr. Galloway stated no. He reported the PNA Conservation Club has access but you have to be a member and the VFW has access. All other access is private. Larry Pinkerton stated these townhouses will block the view of Clear Lake. Mr. Pinkerton was advised this annexation does not affect Clear Lake. Mayor Krentz asked if there was anyone who wished to address the Council regarding this matter. As no one came forward he declared the public hearing closed. Second and final reading of the Ordinance will take place at the next regular Council meeting. Other Business None Adjourn There being no further business, Councilwoman Feikes moved to adjourn; motion seconded by Councilwoman Cutler and unanimously carried. Attest: Roger A. Galloway, Clerk-Treasurer Approved: December 17, 2018 Approved: Mark A. Krentz, Mayor