City Council

REGULAR MEETING - APRIL 15, 2003 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday Evening, April 15, 2003, 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 April 1, 2003, and, there being no objections, declared the minutes approved as printed. REPORTS of STANDING, SPECIAL, or SELECT COMMITTEES Mr. Przybylinski advised that the Board of Public Works and Safety had instructed the City Engineer to write specifications for operating some type of public access studio in the City and has appointed a representative to meet with him and Mr. Milsap concerning public access. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS There were no reports. PETITIONS There were no petitions. COMMUNICATIONS There were no communications. RESOLUTIONS The Clerk read by title only, there being no objections, RESO LUT ION N O. 4175 RESOLUTION APPROVING STATEMENT OF BENEFITS SUPPORT OF APPLICATION FOR PROPERTY TAX ABATEMENT: GITI INDIANA, INC./ONLINE PACKAGING INC. WHE REAS , the Michigan City Common Council by Ordinance No. 2648, entitled AN ORDINANCE OF THE MICHIGAN CITY COMMON COUNCIL APPROVING AND CONFIRMING THE DECLARATION OF A TAX ABA TEM ENT ARE A IN T HE C ITY O F M ICH IGA N C ITY, IND IAN A, es tablis hed a Ta x Ab atem ent A rea in the City of M ichigan C ity, Indiana, and a Tax Abatem ent Prog ram under th e term s of I.C. 6-1 ,1-12,1-1 , et seq.; and WHE REAS , under the terms of said program , the abatement benefits were m ade available to owners of new manufacturing equipment and owners of property upon which new construction of any kind had occ urre d and own ers o f pro perty w ho re hab ilitated , rem ode led or expa nde d any e xistin g build ing an d all of said benefits were made available to owners of any such property located anywhere within the city limits of Michigan Page 2 April 15, 2003 City; and WHE REAS , the most recent amendment to Ordinance No. 2648, was Ordinance No. 3863, approved on February 20, 2002, whereby the designation of the Economic Revitalization Area and the Tax Abatement Program were extended to and shall expire on December 31, 2003; WHE REAS , GITI INDIANA, INC. / ONLINE PACKAGING INC., the petitioner herein, of 124 Triquad, Michigan City, Indiana, has filed with this Council its Statement of Benefits on the form provided by the Indiana State Board of Tax Comm issioners and has provided this Council with a presentation In support thereof; and WHE REAS , this Council is satisfied that the Petitioner's Statement of Benefits meets with the requirements of Resolution Numbers 3199, 3471, 3676, 3931, and 4090 as well as all of the afore-referenced Ordinance Numbers. NOW, THEREFORE, BE IT RESOLVED : SECTION 1. That the matters and things recited In the preamble hereof are hereby adopted and made a par t of this Res olutio n by inc orpo ration and r efer enc e rep eate d in fu ll. SECTION 2. That the Common Council of the City of Michigan City hereby determines: a. The Petitio ner d id com mit to the c reatio n of 1 7 per ma nen t full-tim e pos itions in Resolution 4090approved by the Michigan City Common Council on March 8, 2001. As of April 15, 2003, Online Packaging has created 13 permanent full-time positions and remains committed to the additional 5 full-time positions. This 17,500 square foot building expansion assures the Company's ability to meet production demand and job creation goals. Annual salaries for those individuals is estimated to be $117,647, and the additional value of the redevelopment and! Improvements described in the Statement of Benefits are benefits which can be reasonably expected to result from the propos ed proje ct. b. Tha t the b ene fits de scrib ed ju stify the dedu ction s wh ich w ill occu r in tax abat em ent fo r this project. c. That as a result of the above-referenced Resolutions and Ordinances, the deductions to which the petitioner is entitled to is ten (10) years in the case of new manufacturing equipment and ten (10) years in the case of real property improvements. d. That the location of th e Petitioner 's ma nufactu ring plant de scribed is with the M ichigan C ity Economic Revitalization Area. e. That the Statement of Benefits filed by the Petitioner meets the requirements of the Council and should be approved as submitted. f. That the grant of approval and the deductions 9. Referred to herein are subject to the reporting, oversight, cancellation notification and publication provisions of Sections 5, 7 and 8 of Ordinance No. 3700. SECTION 3. The Comm on Council hereby accepts and approves the Statement of Benefits of the Petitioner dated April 15, 2003, and hereby authorizes the signature thereof by the President of this Council and the attestation thereof by the City Clerk. SECTION 4. That said Statement of Benefits shall be treated as confidential in the manner provided by law. SECT ION 5 . This R esolution shall be in fu ll force and effect afte r its adoption by the Mich igan City Com mo n Co unc il. INTROD UCED BY: /s/ Carolyn Harmon Councilwoman Harmon moved to adopt the Resolution, seconded by Councilman Wilson. There was discussion by Councilman Przybylinski and Tony Rodriguez, Director, Economic Development Corporation. The motion carried and the Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS Milsap, Przybylinski, Wilson, Winski, Baker, Harmon, LaRocco, Lungren, and Martin (9). NAYS: None (0). ORDINANCES Councilman Lungren withdrew AN ORDINANCE DESIGNATING THE WABASH HISTORIC DISTRICT, THE FRANKLIN STREET HISTORIC PRESERVATION DISTRICT, AND THE ELSTON GROVE HISTORIC DISTRICT OF THE CITY OF MICHIGAN CITY, INDIANA, AS ECONOMIC DEVELOPMENT TARGET AREAS, which he introduced, because it has to go before the Economic Development Commission first. Mr. Lungren called for a workshop on May 7, 2003, at 6:00 p.m. April 15, 2003 Page 3 The Clerk read on first reading by title only, AN ORDINANCE TO AMEND ORDINANCE NO. 1592 OF THE MICHIGAN CITY MUNICIPAL CODE, introduced by Charles Lungren and Carolyn Harmon (Parking on sidewalk or tree lawn). Councilwoman Harmon requested her name be removed as introducer. Councilman Lungren explained his Ordinance. Councilman Przybylinski requested suspension of the rules to allow amendments on third reading; there were no objections. The Ordinance was laid over for second reading. The Clerk read on first reading by title only, AN ORDINANCE TO AMEND ORDINANCE NO. 1592 OF THE MICHIGAN CITY MUNICIPAL CODE, introduced by Charles Lungren (Parking restrictions). Councilman Lungren moved to table until the May 7 meeting. Councilman Milsap seconded the motion, which carried as follows: AYES: COUNCIL MEMBERS Przybylinski, Wilson, Winski, Baker, Harmon, LaRocco, Lungren, Martin, and Milsap (9). NAYS: None (0). The Clerk read on first reading by title only, ADDITIONAL APPROPRIATION ORDINANCE, introduced by Evelyn D. Baker (Blue Chip Development Fund $750,000.00). There was discussion by Council Members Baker, Milsap, Lungren, and Wilson, and Controller Charles Oberlie. Councilwoman Winski requested that second reading be heard this evening. There were no objections. The Clerk read by title only on second reading, ADDITIONAL APPROPRIATION ORDINANCE, introduced by Evelyn D. Baker (Blue Chip Development Fund $750,000.00). There was discussion by Council Members Przybylinski and Baker, Tom Alevizos (413 Barker Road), Dave Biela (3044 Ohio Street), Dennis Boy (218 Southwood Drive), and Corporation Council Larry Allen. Councilman Przybylinski requested suspension of the rules to allow amendments on third reading. There were no objections. The Ordinance was laid over for second reading and formal public hearing. The Clerk read by title only on third reading, there being no objections, AN ORDINANCE VACATING A PORTION OF CLEVELAND AVENUE WITHIN THE CITY OF MICHIGAN CITY, INDIANA, introduced by Evelyn Baker. (Erick and Denise White, petitioners) Councilwoman Baker moved to adopt the Ordinance, seconded by Councilwoman Winski. There was discussion by Council Members Baker and Milsap, John Price (709 Superior), Attorney Jennifer Evans for the petitioner, and Paul Lisak (130 Wintergreen Street). Councilman Wilson moved to table the Ordinance to the next meeting. Councilwoman Baker seconded the motion, which carried as follows: AYES: COUNCIL MEMBERS Wilson, Baker, Harmon, LaRocco, Lungren, Martin, Milsap, and Przybylinski (8). NAYS: COUNCIL MEMBER Winski (1). AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA. TREE ORDINANCE, introduced by Joseph LaRocco, on third reading, was not removed from the table. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COMMENTS FROM THE COUNCIL Page 4 April 15, 2003 Councilman Lungren commented concerning the ordinance which had been withdrawn - designating the three historic districts as economic development target areas. He thanked those people working so hard on the property behind Jewel - in particular, Dennis and Patricia Boy. Councilman Milsap reminded his constituents of the Spring clean-up. Councilman Przybylinski thanked our heroes in Iraq and all those that support them. He spoke of tax abatement and reverse 911. COMMENTS FROM THE PUBLIC Sal Dunlap (729 East Michigan Boulevard) spoke on the subjects of noise pollution and freedom of speech. Michael O'Brien (510 First Street, LaPorte), Subdistrict Director, United Steelworkers of America, Sub-District 4, spoke concerning "material misrepresentations that were made in the granting of a tax abatement last month ....... Michigan City Paper Box Company. There was then discussion among Mr. O'Brien, Councilmen Wilson, LaRocco, and Przybylinski, and Corporation Counsel Larry Allen. Rich Harding (510 Bies Street) spoke on noise. In addition, he commented that the flag at Patriot Park was seen flying in the dark, without a spotlight. The Clerk's office was requested to write to the Park Department to ask them to either light the flag or bring it down each night. ADJOURNMENT On motion by Councilman Wilson, supported by Councilman LaRocco, and there being no further business to transact, President Martin declared the meeting ADJOURNED (approximately 8:45 p.m.). Thomas F. Fedder, City Clerk