City Council

REGULAR MEETING - NOVEMBER 8, 2006 The Common Council of the City of Michigan City, Indiana, met in regular session on Wednesday evening, November 8, 2006, 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 Ron Meer, 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; Patricia Boy; Joseph Doyle; Phillip Jankowski; Charles Lungren; Virginia Martin; Ronald Meer; Willie Milsap; and Paul Przybylinski (9) ABSENT: None (0) A QUORUM WAS NOTED PRESENT. APPROVAL of MINUTES President Meer inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of October 17, 2006 and two (2) Special Meeting held on October 23, 2006, and, hearing none, the minutes were approved as printed. Councilwoman Boy moved to suspend the rules to go to NEW BUSINESS to reappointment a member to the Fire Merit Commission and there was no objection. Councilwoman moved to reappoint Mrs. Louise Mock, seconded by Councilwoman Martin. Councilman Przybylinski commented on the reappointment of Mrs. Mock and stated he would support her. The motion carried by the following vote: AYES: COUNCIL MEMBERS Lungren, Martin, Meer, Milsap, Przybylinski, Baker, Boy, Doyle, and Jankowski (9). NAYS: None (0). Going back to the Regular Agenda, Council President Meer said first he would like to congratulate Council Attorney Alevizos on his win of being elected Judge. REPORTS of STANDING, SPECIAL, or SELECT COMMITTEES There were no Reports. REPORTS of OTHER 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, RESOLUTION NO. 4348 Page 2 November 8, 2006 RESOLUTION SUPPORTING THE APPROVAL BY THE STATE BOARD OF TAX COMMISSIONERS OF A LATE FILING OF FORM 322 ERA/PPME FOR THE ASSESSMENT YEAR MARCH 1, 2005 BY UNITED STATES ALUMINATE COMPANY, INC. WHEREAS, on September 19, 2000, the Michigan City Common Council adopted Resolution Number 4057 approving a Statement of Benefits in support of Application for Property Tax Abatement (new manufacturing equipment) by United States Aluminate Company, Inc. (“USALCO”), a corporation having its principal place of business in Baltimore, Maryland, and manufacturing plant in Michigan City, located at 1750 East U.S. Highway 12, Michigan City, Indiana 46360; and WHEREAS, subsequent thereto USALCO, according to its records filed with the LaPorte County Auditor’s Office an Application for Deduction from Assessed Valuation (New manufacturing equipment) form 322 ERA/PPME (the Deduction Application) in a timely manner, having posted the Deduction Application in an envelope with sufficient first class U.S. postage affixed and properly addressed to said auditor’s office, on or about June 9, 2005, the required filing date thereof being June 16, 2005. Through some circumstances which are unknown to USALCO, the Deduction Application was file stamped as received by said Auditor’s office on July 1, 2005, an untimely date for the requirement of said filing; and WHEREAS, the Deduction application was for the assessment year beginning March 1, 2005; and WHEREAS, the July 1, 2005 filing date so stamped affected deductions for 2005 personal property taxes payable in 2006; and WHEREAS, such file stamped date on the Deduction Application was due to circumstances outside of knowledge, and beyond the control, of USALCO; however, USALCO received a determination from the LaPorte County Auditor that USALCO failed to timely file the Deduction Application thus depriving USALCO of the Tax Abatement benefit which USALCO would have otherwise received for 2005 personal property taxes (machinery and equipment) due and payable in 2006; and WHEREAS, USALCO is otherwise in compliance with all filing requirements, including filing requirements relating to forms CF-1 (Compliance with Statement of Benefits); and WHEREAS, pursuant Rule 4, Miscellaneous Provisions, 501AC 10-4-2 and based upon State Board of Tax Commissioners of Indiana vs. New Energy Company of Indiana, 585 NE2nd38, the State board of Tax commissioners may consider the determination of an untimely filing of a deduction application in its discretion; WHEREAS, in exercising such discretion, the State Board of Tax Commissioners may consider the fact that the local governing body supports the approval of the filing of this Deduction Application, although it was administratively determined to have been untimely. WHEREAS, this Council desires to support the approval by the State Board of Tax Commissioners of an administratively determined late filing of the Deduction Application. NOW, THEREFORE, BE IT RESOLVED: SECTION 1. That the matters and things recited in the preamble hereof are hereby adopted and made a part of this Resolution by incorporating and reference as if repeated in full. SECTION 2. That the Common council of the City of Michigan City, Indiana, finds that the apparent late filing of the Deduction Application for 2005 payable in 2006 was due to mysterious circumstances resulting in the late filing of Form 322 ERA/PPME for such year. SECTION 3. The Common Council of the City of Michigan City, Indiana, hereby supports the approval by the State Board of Tax Commissioners of the late-filed Deduction application by USALCO, even though such approval would result in a loss of tax revenues. SECTION 4. This Resolution shall be in full force and effect after its adoption by the Michigan City Common Council. INTRODUCED BY: /s/ Joseph Doyle /s/ Charles Lungren Councilman Doyle moved to adopt the Resolution, seconded by Councilman Lungren. Council President Meer asked if there were any comments or questions by the Council and Councilman Doyle informed the Council that representation was in the audience tonight if anyone has any questions. There was discussion among Councilman Jankowski, Attorney Patrick Donoghue, John Regetz (Director, Economic Development Corporation), on the proposed Resolution. Council President Meer asked if there were any comments or questions by the public and Attorney Patrick E. Donoghue made a few comments about the basis for this request that is before the Council tonight. Attorney Donoghue introduced Mr. Tom Riley, Vice of Manufacturing , who is assigned here in Michigan City. Attorney Donoghue said for the record he provided the City Clerk with proof of publication which was published on October 25th. Attorney Donoghue said we’re asking the Council to pass this Resolution, basically the city understood what the schedule would be at the time the abatement was granted and this simply allows that abatement to be used during this time period as was planned. Council President Meer asked if there was anyone else from the general public who wished to be heard and hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Martin, Meer , Milsap, Przybylinski, Baker, Boy, Doyle, Jankowski, and Lungren (9). NAYS: None (0). ORDINANCES The Clerk read on second reading by title only, ADDITIONAL APPROPRIATIONS ORDINANCE, as introduced by November 8, 2006 Page 3 Phillip Jankowski. (DECREASE Riverboat Fund 9000, INCREASE Overtime $97,500.00, Other Supplies $8,800.00, Other Contractual Services $324,700.00, Other Capital Outlay $134,000.00 (total $565,000.00) - Re Storm Damage.) News Dispatch ad Oct. 18, 2006 - Public Hearing to be held November 21, 2006. Councilman Jankowski said for the public’s information, this is funding for reimbursement for the expenses associated with the August 23rd storm damage. Council President Meer asked if there were any comments or questions by the Council and City Controller Schaefer responded to various questions by Councilman Przybylinski regarding the report he requested at the last Council meeting. City Controller Schaefer presented a copy of the report to each Council Member at tonight’s meeting. (Below is a letter submitted with the report.) At your last meeting, Councilman Przybylinski requested that I provide information about insurance claims that were filed to seek reimbursement for City-owned facilities that were damaged by the storm in August. Our insurance policy does not cover damage to infrastructure items. Therefore, damage to trees, sidewalks, etc., is not eligible for insurance reimbursement. Two departments submitted claims for damage. The Fire Department had minor roof damage to stations 1 and 2. The cost of repairs did not meet our deductible and, therefore, was not reimbursed. The Park Department has submitted a detailed schedule of damage to our insurance carrier (copy is attached). Again, much of the damage is not eligible for reimbursement. However, a substantial amount is covered and we have received an advance payment of $100,00 from the carrier. That advance has been deposited in the Riverboat Fund to offset the payments we will make from the additional appropriation we have requested. Future insurance reimbursements will also be deposited to the Riverboat Fund. If you have any questions as you review this information, please let me know. There was discussion among Council Members Przybylinski, Jankowski, and City Controller Schaefer regarding the unused appropriations being reverted back into the Riverboat Fund and regulation of the State Law. Councilman Przybylinski moved to suspend the rules to allow amendments on third reading by unanimous consent and there was objection by Councilman Lungren. Council President Meer asked if there were any other comments or questions by the Council and there was no response. Council President Meer asked if there were any comments or questions by the public on this Ordinance on second reading and hearing none, the Council President informed the public there will be a public hearing on November 21, 2006. The Ordinance was then laid over for third reading. The Clerk read on second reading by title only, AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 2114, introduced by Pat Boy. (Rezoning R2 & B2 to B1 NE Corner Franklin St. & Barker Av. to Pine St., Michigan City, Indiana - Petitioner: Preferred-Michigan City, LLC. - News Dispatch ad October 18, 2006 - Public Hearing to be held at this meeting.) Councilwoman Boy introduced Mr. Omar Rihani, Project Manager, Preferred Development, who was present to answer any questions this evening. Mr. Rihani responded to questions by Councilman Przybylinski regarding various remarks and questions made at the last meeting. Council President Meer asked if there were any questions or comments by the Council and Council President Meer thanked Mr. Rihani for being cooperative on this matter. Council President Meer opened the formal public hearing, repeating three times “Any questions or comments by the general public at this time?” There was no response and the public hearing was closed. The Ordinance was then laid over for third reading. The Clerk read on third reading by title only, ORDINANCE NO. 3993 AN ORDINANCE OF THE CITY OF MICHIGAN CITY, INDIANA RECOGNIZING AFSCME COUNCIL 62 AS THE BARGAINING AGENT FOR NON-SUPERVISORY EMPLOYEES OF Page 4 November 8, 2006 THE OFFICE OF THE CLERK OF THE CITY OF MICHIGAN CITY, INDIANA WHEREAS, the non-supervisory employees of the Office of the Clerk of the City of Michigan City have sought Union representation through AFSCME Council 62; and WHEREAS, the non-supervisory employees of the Office of the Clerk of the City of Michigan City voted to recognize AFSCME Council 62 as their bargaining agent; and WHEREAS, the Clerk of the City of Michigan City has consented to the organization of non-managerial employees of the Office of City Clerk for purposes of collective bargaining. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Michigan City, Indiana, that the following Ordinance shall read as follows: AFSCME Council 62 shall be recognized as the bargaining agent for non-supervisory employees of the City Clerk’s Office. This Ordinance shall be in full force and effect upon passage by the Common Council and approval by the Mayor. INTRODUCED BY: /s/ Paul A. Przybylinski Councilman Przybylinski moved to adopt the Ordinance, seconded by Councilman Milsap. Council President Meer asked if there were any questions or comments by the Council and Councilman Przybylinski commented on the proposed Ordinance. Council President Meer asked if there were any questions or comments by the general pubic and hearing none, the Clerk was directed to call for the vote: AYES: COUNCIL MEMBERS Meer, Milsap, Przybylinski, Baker, Boy, Doyle, Jankowski, Lungren, and Martin (9). NAYS: None (0). The Clerk read on third reading by title only, ORDINANCE NO. 3994 ADDITIONAL APPROPRIATION ORDINANCE WHEREAS, it has been determined that it is now necessary to appropriate more money than was appropriated in the annual budget; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Michigan City, LaPorte County, Indiana, that for the expenses of the taxing unit the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to the laws governing the same: AMOUNT AMOUNT REQUESTED APPROPRIATED DECREASE 2104 Aviation Fuel Fund Unappropriated $85,000.00 INCREASE Account No. 2104 0000 02 422.020 $85,000.00 Aviation Fuel TOTAL FOR Aviation Fuel Fund $85,000.00 INTRODUCED BY: /s/ Joseph Doyle Councilman Doyle moved to adopt the Ordinance, seconded by Council Members Przybylinski and Lungren. Council President Meer asked if there were any comments or questions by the Council and there was no response. Council President Meer opened the formal public hearing, repeating three times “Any questions or comments by the general public at this time?” There was no response and the public hearing was closed. Council President Meer directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Milsap, Przybylinski, Baker, Boy, Doyle, Jankowski, Lungren, Martin, and Meer (9). NAYS: None (0). November 8, 2006 Page 5 UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Council President Meer requested to schedule a Workshop for November 15th, 6:00 p.m., in the Mayor’s Conference Room, to discuss the five (5) Master Plan with the Michigan City Park Department. Council President Meer spoke on advertising for a new Council Attorney to replace Council Attorney Alevizos. For Informational Purposes, Council President Meer informed the Council that the term of Donald Przybylinski to the Zoning Appeals Board will expire on December 31, 2006 and the terms of JoEileen Winski and Richard Richey to the Redevelopment Commission will expire on December 31, 2006. COMMENTS FROM THE COUNCIL Councilman Przybylinski congratulated Council Attorney Alevizos and all the other candidates that ran a successful campaign in the general election. Councilman Przybylinski commented on the report that was given to the Council by City Controller Schaefer regarding the Storm Damage. Councilman Przybylinski thanked everyone nationwide who took the time to come out and vote. Councilman Milsap thanked all the voters who came out and voted in this past election and especially the voters in the 5th Ward. Councilman Lungren congratulated Council Attorney Alevizos on his big win and told him how helpful he has been this past year. Councilman Lungren congratulated all the winners in this past election and also congratulated Marquette Volleyball Team. Councilwoman Martin and Councilman Przybylinski commented on the new future Council Attorney. Councilwoman Boy said she still has the original notice to be published in the News Dispatch. Council President Meer congratulated Council Attorney Alevizos on his win and commented on his research on Council receiving criticism in regards to being anti-business or something of that nature from some editorials in the News Dispatch and a letter from the Chamber of Commerce. COMMENTS FROM THE PUBLIC There were no comments. ADJOURNMENT On motion by Councilman Milsap, supported by Council Members Boy and Doyle, and there being no further business to transact, President Meer declared the meeting ADJOURNED (approximately 8:15 p.m.). Thomas F. Fedder, City Clerk