Council approves capacity-fee and ethics-code ordinances; proceeds on alley vacation after public hearing

Valparaiso Common Council approved two ordinances on second reading and final vote and took first-reading public hearing testimony on a proposed alley vacation during the meeting.

Ordinance 14-20-25: capacity-fee increase (adopted 7-0) The council adopted Ordinance 14-20-25 by a unanimous 7-0 vote to increase the capacity fee for new utility connections in the Damon Run area from $2,700 to $4,909. "The fee will increase from $2,700 to $4,909, of which the City of Portage receives $4,000 of that and then the balance goes to Valparaiso City utilities," Steve Pulos said during the ordinance presentation. The change applies only to new connections in the Damon Run area; existing customers are not affected, the record shows.

Ordinance 15-20-25: ethics-code housekeeping (adopted 7-0) The council adopted Ordinance 15-20-25 by a unanimous roll call to restore five state statutory code references to the city's published ethics code. Council members said the cited sections relate to official misconduct, bribery, ghost employment, conflicts of interest and profiteering from public services, and that the change is intended to make the city's ordinance text match the 2006 ordinance language that had not been carried into the published code.

Ordinance 16-20-25: vacation of a platted alley (first reading; public hearing; carried over 7-0) The council held a public hearing and first reading on Ordinance 16-20-25, which would vacate a platted alley between Erie Street and Chestnut Street adjacent to 254 and 256 Erie Street. Planning staff explained that petitioners Lee Lane and Jerry and Patricia Deutsch requested the vacation and that staff had not found a prior recorded vacation in city records or in Porter County auditor files. Staff presented two historical surveys and utility research showing no mapped utilities running through the alley. Planning Commission held a public hearing and forwarded a positive recommendation; the Board of Public Works also recommended vacating the alley by a 3-0 vote before sending the case to council.

Two nearby residents spoke in favor during the public hearing. Eric Taylor, 306 Napoleon Street, said he had lived half a block from the alley for 45 years and said, "There's never been an alley," and he urged vacation. Sean Barnes, 258 Erie Street, described the block's development history and supported vacating the alley in part because a demolished house had been built 1.5 feet into the alley and the new owner expects to rely on the vacated line to meet setbacks.

Council voted 7-0 to carry Ordinance 16 over to the next council meeting (voice/roll call was used because one member participated virtually). Planning staff noted that if the ordinance is approved the alley would be divided equally among adjacent landowners and that an encroachment agreement has historically been used where structures extend into public right-of-way. Staff said current utility locates show no utilities in the alley but acknowledged the city could not promise a future need would never arise.

Votes at a glance: - Ordinance 14-20-25 (Damon Run capacity-fee amendment) — adopted 7-0; fee raised from $2,700 to $4,909 for new connections; City of Portage receives $4,000 of the fee; existing customers unaffected. - Ordinance 15-20-25 (ethics-code update) — adopted 7-0; restores five state statute references (official misconduct, bribery, ghost employment, conflicts of interest, profiteering) to the published municipal code. - Ordinance 16-20-25 (vacation of platted alley between Erie and Chestnut) — public hearing held; Planning Commission and Board of Public Works recommended vacation; council carried the ordinance to the next meeting by voice/roll call, 7-0.

Council did not set specific effective dates for these ordinances during the meeting. Planning staff listed follow-up steps for the alley item and will return the ordinance to council for final action.