City Council

REGULAR MEETING – March18, 2008 The Common Council of the City of Michigan City, Indiana, met in regular session on Tuesday evening, March 4, 2008, at the hour of 6:30 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 6:30 p.m. by Council President Ron Meer. Roll call was authorized and the following were noted present and/or absent: PRESENT: COUNCIL MEMBERS Patricia Boy, Marc Espar, Phillip Jankowski, Robert McKee, Ron Meer, Willie Milsap, Richard Murphy, Joe Doyle, and Angie Nelson. (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 March 4, 2008 and hearing none, the minutes were approved as printed. REPORTS of STANDING COMMITTEES Councilman Jankowski reported on the information he received regarding transfer/hiring practices within the Water/Sanitation Districts. Mr. Jankowski stated that he will distribute copies of this information to all Council Members. REPORTS OF SPECIAL OR SELECT COMMITTEES There were no reports of special or select committees. REPORTS of OTHER CITY OFFICERS and DEPARTMENTS John Pugh, Planning/Inspection Director and President Meer discussed rescheduling the Workshop that was cancelled on March 12, 2008 regarding the South Shore exhibit grant. President Meer stated that he would consult the Council Members and give him a date rescheduling the Workshop within 48 hours. John Schaefer, City Controller discussed the City’s 2007 Annual Financial Report that was filed with the State Board of Accounts last month. PETITIONS There were no petitions. Page 2 March 18, 2008 COMMUNICATIONS There were no communications. RESOLUTIONS RESOLUTION The Clerk read by title only, there being no objections, RESOLUTION NO. 4386 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, AUTHORIZING THE SUBMISSION OF AN INDIANA DEPARTMENT OF HOMELAND SECURITY FIRE TRAINING INFRASTRUCTURE GRANT AND ESTABLISHING FISCAL ACCOUNTS. WHEREAS, the Michigan City Fire Department applied for and was designated the Northwest Indiana District One Firefighter Training Center by the Northwest Indiana District Firefighter Training Committee; WHEREAS, the Indiana Firefighter Training System has dedicated $100,000.00 of Indiana Fire Training Infrastructure Grant funding for Northwest Indiana District One’s firefighter training center infrastructure; WHEREAS, the Michigan City Fire Department prepared an application for Indiana Fire Training Infrastructure Grant funding, said application was endorsed and approved by the Northwest Indiana District Firefighter Training Committee and submitted to the Indiana Department of Homeland Security Training Division; WHEREAS, the Michigan City Fire Department is eligible to receive grants and earmarked funds from the Indiana Department of Homeland Security, Indiana Fire Training Infrastructure Grant, and the Indiana Firefighter Training System funds, and; WHEREAS, the Michigan City Fire Department desires to seek a grant to purchase firefighter training infrastructure to train firefighters at the Northwest Indiana District One Training Center; WHEREAS, the City of Michigan City has matched funds with in-kind donations and will not have to supplement this grant by a monetary match. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Michigan City, Indiana: Section 1. The Michigan City Fire Department’s application for Indiana Fire Training Infrastructure dated April 18th 2008 as submitted and supplemented on May 1st, 2008 is approved; Section 2. The City will use their best and all reasonable efforts to meet the financial commitments of the infrastructure towards the purchase, installation and erecting of the Fire Training Tower for the Firefighter Training Center. Section 3. The City Controller is authorized to open the “District One Firefighter Training Center Infrastructure” fund to receive the grant funds and to disburse said funds. INTRODUCED BY: /s/ Willie Milsap, Member Councilman Milsap stated this Resolution is a request of support from the Council so that the Fire Department can continue to seek a grant from Homeland Security. Page 3 March 18, 2008 Councilman Milsap moved to adopt the Resolution, seconded by Council Members McKee and Boy. Council President Meer asked if there where any comments or questions by the Council or general public and hearing none, the Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS Espar, Jankowski, McKee, Meer, Milsap, Murphy, Nelson, Boy, and Doyle (9). NAYS: None (0). Council President Meer requested to amend the Agenda to read as follow; 3 2. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA APPROVING AN AMENDMENT TO REDEVELOPMENT PLAN 1A-97 AND ADOPTING THE LOHAN-ANDERSON REUSE PLAN FOR THE TRAIL CREEK CORRIDOR. Introduced by: Richard Murphy and Angie Starks 2 3. A RESOLUTION OF THE COMMON COUNCIL OF MICHIGAN CITY, INDIANA TO CREATE A MUNICIPAL RIVER FRONT DISTRCT. Introduced by: Richard Murphy and Angie Starks There being no objections, Councilman Murphy read the Resolution in its entirety. RESOLUTION 4387 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA APPROVING AN AMENDMENT TO REDEVELOPMENT PLAN 1A-97 AND ADOPTING THE LOHAN-ANDERSON REUSE PLAN FOR THE TRAIL CREEK CORRIDOR WHEREAS, the Michigan City Redevelopment Commission (the “Commission”) governing body of the City of Michigan City Department of Redevelopment (the “Department”) and the Redevelopment District of the City of Michigan City, Indiana (the “Redevelopment District”), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in I.C. 36-7- 14, as amended from time to time (the “Act”); and WHEREAS, on July 1, 1970, the Commission adopted a resolution declaring an area within the City of Michigan City, Indiana (the “City”) to be a redevelopment area (the “Community Center No. 1, Urban Renewal Area”); and WHEREAS, the Commission on January 6, 1997, approved and adopted a resolution entitled “Resolution of the Michigan City Redevelopment Commission Designating and Declaring an Additional Area to Be Blighted to Expand the Community Center No. 1, Expanded Urban Renewal Area and Amend the Existing Urban Renewal Plan for the Community Center No.1, Expanded Urban Renewal Area” (the “Declaratory Resolution of 1997”); and WHEREAS, the Declaratory Resolution of 1997 designates and declares an area within the City as an expansion area (being collectively referred to herein as the “Expansion Area” expanding the Existing Area and adopts an amendment to the Uptown Improvement Project Plan to include the Expansion Areas (the “Plan Amendment”), and establishes the Expansion Area as an allocation area for purposes of tax increment financing; and WHEREAS, the PLANNING COMMISSION on January 28, 1997, adopted and approved a resolution determining that the Declaratory Resolution of 1997 and the Plan Amendment conform to the plan of development for the City and approved, ratified and confirmed the Declaratory Resolution of 1997 and the Plan Amendment, and designated such resolution as the written order of the PLANNING COMMISSION approving the Declaratory Resolution of 1997 and the Plan Amendment as required by Section 16 of the Act (the “PLANNING COMMISSION Order”); and Page 4 March 18, 2008 WHEREAS, on April 15, 1997 in conjunction with its approval, the COMMON COUNCIL adopted its resolution approving said PLANNING COMMISSION Order and made the following determinations: (i) that the COMMON COUNCIL must approve any and all redevelopment projects undertaken by the Commission subsequent to the date hereof in the Expansion Area; (ii) that unless otherwise determined by the PLANNING COMMISSION, property taxes collected with respect to the gaming river boat under construction, which is to be taxed as real property pursuant to IC. 6-1.1-1-15 and which is located in the Expansion Area, shall be paid each year to the respective taxing units and not allocated as tax increment and the Commission is hereby directed to take the action required by Section 39(b)(3) of the Act to notify the La Porte County Auditor each year to cause such taxes to be made to the respective taxing units; and (iii) that the appropriation of the proceeds of bonds, pursuant to I.C. 6-1.1-18-5; issued by the Commission pursuant to Section 25.2 of the Act and payable solely or partially from tax proceeds allocated to the Redevelopment District under Section 39(b)(2) of the Act shall be subject to an approving resolution of the COMMON COUNCIL. WHEREAS, the City of Michigan City Redevelopment Commission (the “Commission”), the governing body of the City Department of Redevelopment (the “Department”) on December 10, 2007 adopted its Resolution No.04-2007 entitled “A RESOLUTION OF THE CITY OF MICHIGAN CITY REDEVELOPMENT COMMISSION AMENDING REDEVELOPMENT PLAN 1A-97 AND ADOPTING THE LOHAN ANDERSON REUSE PLAN FOR THE TRAIL CREEK CORRIDOR; and WHEREAS, the City of Michigan City Planning Commission (the “Plan Commission”), on January 22, 2008 adopted its Resolution No.1-2008 entitled “A RESOLUTION OF THE PLANNING COMMISSION OF MICHIGAN CITY APPROVING AN AMENDMENT TO REDEVELOPMENT PLAN 1A-97 AND ADOPTING THE LOHAN ANDERSON REUSE PLAN FOR THE TRAIL CREEK CORRIDOR; and WHEREAS, these resolutions approve and recommend the implementation of the Lohan Anderson Re-Use Plan as being reasonable and appropriate as well as being consistent with and in conformity with the Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA AS FOLLOWS: 1. The COMMON COUNCIL finds that Redevelopment Plan lA-97, as amended by the Lohan Anderson Re-Use Plan, is reasonable and appropriate when considered in relation to the original Plan and the purposes of IC. 36-7-14. 2. The COMMON COUNCIL finds that Redevelopment Plan 1A-97, as amended by the Lohan Anderson Re-Use Plan, conforms to the comprehensive plan of the City. 3. To accomplish the redevelopment of the area commonly known as the” Trail Creek Corridor” as contemplated in the Comprehensive Plan, it is necessary to adopt the Lohan Anderson Re-Use Plan as same relates to real estate acquired by or controlled by the City, Michigan City Redevelopment Commission or Michigan City Port Authority within the Trail Creek Corridor and shown in the amendment attached hereto and incorporated herein as Exhibit “A”. 4. That Redevelopment Plan 1A-97 for the area commonly known as the Trail Creek Corridor (See Exhibit B) is hereby amended by the Lohan Anderson Study and is hereby in all respects approved. 5. The CLERK is hereby directed to file a certified copy of the Plan, as amended with the minutes of this meeting. 6. All other findings, determinations, and conclusions in the Resolutions referred to herein shall remain as stated therein. Page 5 March 18, 2008 7. That this Resolution shall be in full force and effect from and upon compliance within the procedures required by law. Adopted at meeting of the COMMON COUNCIL of the City of Michigan City, Indiana held on March 18, 2008. Introduced by: /s/ Richard Murphy, Member /s/ Angie Starks, Member EXHIBIT A MUNICIPAL DEVELOPMENT RIVER FRONT DISTRICT The Municipal Development Riverfront District shall consist of the following described area: Commencing at the intersection of US Highway 12 and Wabash Street as the place of beginning; thence northerly along the centerline of Wabash Street extended to its intersection with the centerline of Lake Shore Drive extended (within Trail Creek); thence easterly along the centerline of Lake Shore Drive extended to its intersection with Franklin Street; thence southerly along the centerline of Franklin Street to its intersection with the northern edge of Trail Creek; thence easterly along the northern edge of Trail Creek to its intersection with the Amtrack right of way (Turning Bridge); thence easterly along the centerline of the Amtrack right of way to its intersection with the centerline of Center Street; thence northerly along the centerline of Center Street to its intersection with the centerline of Blaine Street; thence easterly along the centerline of Blaine Street to it intersection with the centerline of Lake Street; thence southerly along the centerline of Lake Street extended to its intersection with the centerline of US Highway 12; thence easterly along the centerline of US Highway 12 to its intersection with the centerline of Cook Street; thence southerly along the centerline of Cook Street to its intersection with the centerline of Union Street; thence westerly along the centerline of Union Street to its intersection with the centerline of E Street; thence southerly along the centerline of E street to its intersection with the centerline of 8 Street; thence westerly along the centerline of 8' Street to its intersection th with the centerline of Michigan Boulevard/US Highway 35; thence northwesterly along the centerline of Michigan Boulevard/US Highway 35 to its intersection with the centerline of US Highway 12; thence westerly along the centerline of US Highway 12 to its intersection with the centerline of Wabash Street and the place of beginning; all of which is in the City of Michigan City, County of La Porte and State of Indiana. EXHIBIT B TRAIL CREEK CORRIDOR The area commonly referred to as the Trail Creek Corridor is the area commencing at the intersection of US Highway 12 and US Highway 35(Michigan Boulevard) as the point of beginning; thence Southeasterly along Michigan Boulevard to its intersection with 5th Street; thence Westerly along 5th Street to its intersection with Pine Street; thence Southerly along Pine Street to its intersection with 6th Street; Thence Easterly along 6th Street to its intersection with Michigan Boulevard; Thence Southeasterly along Michigan Boulevard to its intersection with 8th Street; Thence Easterly along 8th Street to its intersection with E Street; Thence Northerly along E Street to the midpoint of Trail Creek, Thence West and Northwesterly along the midpoint of Trail Creek to its intersection with US Highway 12; Thence Westerly along US Highway 12 to its intersection with US Highway 35 or the place of beginning. Containing approximately 50 acres more or less. Councilman Murphy moved to adopt the Resolution, seconded by Council Members Nelson and McKee. Councilman McKee commented on the Lohan-Anderson Plan and moved to adopt the following amendment to page two (2): 5. That this approval is meant to be a call to action and implementation. It should be viewed as a working document to be accomplished. 6. The CLERK is hereby directed to file a certified copy of the Plan, as amended with the minutes of this meeting. Page 6 March 18, 2008 7. All other findings, determinations, and conclusions in the Resolutions referred to Herein shall remain as stated therein. 8. That this Resolution shall be in force and effect from and upon compliance within the the procedures required by law. Councilman Milsap seconded the amendment. Council President Meer asked if there where any comments or questions by the Council or general public and hearing none, the amendment was adopted by the following vote: AYES: COUNCIL MEMBERS Jankowski, McKee, Meer, Milsap, Murphy, Nelson, Boy, Doyle, and Espar (9). NAYS: None (0). Councilwoman Boy questioned Councilman Murphy regarding the resolution. Councilman Murphy spoke on reasons to support this resolution. Attorney Michael Bergerson, spoke on behalf of the Michigan City Redevelopment Commission. Attorney Bergerson thanked Council Members Nelson and Murphy for their support on this resolution. Dirk Lohan, FAIA Principal of Lohan-Anderson, Chicago, Illinois did a presentation for the City Council regarding the Lohan Anderson Re-Use Plan they propose for the Redevelopment of the Trail Creek Corridor. Doug Waters, LaPorte County Convention Visitors Bureau, stated why the Council should support the Lohan-Anderson Plan. Charles Sheerin, 402 Sheridan Avenue stated his opinion in regards to the proposed resolution. Council President Meer asked if there were any questions or comments from the Council or general public and hearing none, the amended Resolution was adopted by the following vote: AYES COUNCIL MEMBERS McKee, Meer, Milsap, Murphy, Nelson, Boy, Doyle, Espar, and Jankowski (9). NAYS: None (0). RESOLUTION There being no objections, Councilwoman Nelson read the Resolution in its entirety. RESOLUTION NO. 4388 A RESOLUTION OF THE COMMON COUNCIL OF MICHIGAN CITY, INDIANA TO CREATE A MUNICIPAL RIVER FRONT DISTRICT WHEREAS, Indiana Code 7.1-3-20 (the “Act”) authorizes the legislative body of a city or town within the State of Indiana to designate and establish the boundaries of a municipal riverfront development district within its territorial boundaries; and WHEREAS, the Act allows the Indiana Alcohol and Tobacco Commission to issue three-way, two-way, one-way permits to sell alcoholic beverages, for on premises consumption only, to an applicant who is the proprietor, as owner or lessee of a restaurant within a municipal riverfront development project funded in part with state and city money, without regard to any permit quotas as required by Indiana Code 7.1-3-22, all in furtherance of economic development; and WHEREAS, the City of Michigan City, Indiana (the “City”) is carrying out redevelopment activities along a portion of Trail Creek, which is located within a redevelopment area, known as the NORTH TIF REDEVELOPMENT AREA, established by Michigan City Redevelopment Commission Resolution No.5-97 under the authority provided in Indiana Code 36-7-15.1; and WHEREAS, at least Four ($4,000,000.00) million dollars of City and State funds Page 7 March 18, 2008 have been or will be expended to upgrade a portion of Trail Creek located within the NORTH TIF REDEVELOPMENT AREA and to provide other public improvements and amenities in and near the Trail Creek Riverfront District (see Redevelopment Plan 1A-97 as amended by the Lohan Anderson Trail Creek Study in Redevelopment Commission Resolution No 4-2007) ; and WHEREAS, the Common Council has determined that it is in the best interest of the City to designate and establish the boundaries of a municipal riverfront development district pursuant to Indiana Code 7.1-3-20-16(d) , as identified on Exhibit A, attached hereto and incorporated herein by reference, along a portion of Trail Creek and located within the NORTH TIF REDEVELOPMENT AREA specifically to encourage investment by new and existing restaurant proprietors; and WHEREAS, on March 17, 2008 the Redevelopment Commission of the City of Michigan City adopted Resolution No __-2008 recommending the creation of a Riverfront District to encourage investment by new and existing restaurant proprietors within the NORTH TIF REDEVELOPMENT AREA, along with Local Rules governing the issuance and renewal of applications for any license authorized pursuant to the terms of this Resolution; and WHEREAS, the Indiana Alcohol and Tobacco Commission has not previously issued a Riverfront Development Project permit pursuant to Indiana Code 7.1-3-20 for property abutting any portion of the Trail Creek Riverfront or in the NORTH TIF REDEVELOPMENT AREA; now therefore BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA SECTION 1. The area identified as “Trail Creek Municipal Riverfront District” on Exhibit A, attached hereto and incorporated herein by reference, is hereby designated a Municipal Riverfront Development Project pursuant to Indiana Code 7.1-3-20-16 and 16.1 SECTION 2. That the Redevelopment Commission of the City of Michigan City shall be authorized to adopt Local Rules to govern the issuance and renewal of any license issued pursuant to the terms of this resolution. SECTION 3. This Resolution shall be in full force and effect from and after adoption and shall be forwarded to the Indiana Alcohol and Tobacco Commission for their approval. Adopted at meeting of the Common Council of the City of Michigan City, Indiana held on March 18, 2008. Introduced by: /s/ Richard Murphy, Member /s/ Angie Starks, Member EXHIBIT A MUNICIPAL DEVELOPMENT RIVER FRONT DISTRICT The Municipal Development Riverfront District shall consist of the following described area: Commencing at the intersection of US Highway 12 and Wabash Street as the place of beginning; thence northerly along the centerline of Wabash Street extended to its intersection with the centerline of Lake Shore Drive extended (within Trail Creek); thence easterly along the centerline of Lake Shore Drive extended to its intersection with Franklin Street; thence southerly along the centerline of Franklin Street to its intersection with the northern edge of Trail Creek; thence easterly along the northern edge of Trail Creek to its intersection with the Amtrack right of way (Turning Bridge); thence easterly along the centerline of the Amtrack right of way to its intersection with the centerline of Center Street; thence northerly along the centerline of Center Street to its intersection with the centerline of Blaine Street; thence easterly along the centerline of Blaine Street to it intersection with the centerline of Lake Street; thence southerly along the centerline of Lake Street extended to its intersection with the centerline of US Highway 12; thence easterly along the centerline of US Highway 12 to its intersection with the centerline of Cook Street; thence southerly along the centerline of Cook Street to its intersection with the centerline of Union Street; thence westerly along the centerline of Union Street to its intersection with the centerline of E Street; thence southerly along the centerline of E street to its intersection with the centerline of 8 Street; thence westerly along the centerline of 8' Street to its intersection th Page 8 March 18, 2008 with the centerline of Michigan Boulevard/US Highway 35; thence northwesterly along the centerline of Michigan Boulevard/US Highway 35 to its intersection with the centerline of US Highway 12; thence westerly along the centerline of US Highway 12 to its intersection with the centerline of Wabash Street and the place of beginning; all of which is in the City of Michigan City, County of La Porte and State of Indiana. Councilwoman Nelson moved to adopt the Resolution, seconded by Councilman Milsap. There were comments made in support of the Resolution by Council Members Nelson and McKee. Attorney Michael Bergerson, on behalf of the Redevelopment Commission thanked the Council members that support this Resolution. Mr. Bergerson stated that this Resolution if adopted would be the next step to compliment the vision of the future development of the Trail Creek Corridor. Attorney Meyer asked Attorney Bergerson to supply the Clerk’s Office with a copy of the adopted Redevelopment Resolution regarding the creation of a River Front District within the NORTH TIF REDEVELOPMENT AREA. There was a discussion between Attorney Bergerson and Charles Sheerin, 402 Sheridan Avenue, regarding the issuance/procedure of who will decide the availability to retain a proposed liquor licenses. Johnny Stimley, 3205 Tilden Avenue, stated his concerns regarding the River Front District’s boundaries and the availability/value of these proposed liquor licenses and the value of a liquor license that was obtained from the Indiana Alcohol and Tobacco Commission prior to being able to obtain a license for the district of the River Front Plan. There was a discussion by Attorney Bergerson, Johnny Stimley (3205 Tilden Avenue), Council Members, Meer, Starks, and Tim Bietry, Michigan City Chamber of Commerce. Doug Waters, on behalf of the LaPorte County Convention & Visitors Bureau submitted the following letter from Jack Arnett, LCCVB, Executive Director: On behalf of the LaPorte County Convention Tourism Bureau, please be advised that the LaPorte County Convention and Visitors Bureau gives its unequivocal support and endorsement of the proposal to create a Riverfront District along Trail Creek in Michigan City, Indiana. The LCCVB understands that tourism is a powerful tool for economic growth in LaPorte County. We believe that the creation of a Riverfront District will be able to attract visitors and local citizens alike to the Riverfront District to enjoy a relaxed, fun and family oriented experience. Please include this correspondence in the record pursuant to the published notice of Comment Period. In addition, if there is anything we can do to assist your efforts in this regard; please do not hesitate to contact our office. Mr. Waters stated that the LCCVB supports the resolution 100%. Edward Arnold, 4155 N. State Road 39, LaPorte, General Partner for On The Lake Holdings LLC and new owner of the building formally known as the Michigan City Yacht Club stated that they have started renovations and announced that The Michigan City Harbor Grill will be the name of their new restaurant. Mr. Arnold stated reasons why the Council should adopt the resolution. John Stimley, Michigan City, stated his concerns regarding this Resolution. President Meer asked if there were any other comments or questions by the Council or general public and there being none, the Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS Meer, Milsap, Murphy, Nelson, Boy, Doyle, Espar, Jankowski, and McKee (9). NAYS: None (0). Page 9 March 18, 2008 RESOLUTION The Clerk read by title only, there being no objections, RESOLUTION NO. 4389 A RESOLUTION OF THE CITY OF MICHIGAN CITY ENCOURAGING THE ISSUANCE OF PROVISIONAL TAX BILLS WHEREAS, the issuance of property tax bills is sometimes delayed due to issues within the property assessment process and or modifications of state law; and WHEREAS, the issuance of delayed tax bills increases the cost of local government that incur interest costs on temporary operating loans and/or the loss of interest revenue; and WHEREAS, the issuance of a provisional tax bill would reduce the operational loss incurred by local governments; and WHEREAS, during “2007”, The City of Michigan City incurred a financial loss of $500K due to the lost interest resulting from the untimely issuance of property tax bills; and WHEREAS, news articles have stated that “2007” payable “2008” tax bills will not be issued on time in La Porte County. NOW THEREFORE, BE IT RESOLVED by the (Entity) as follows: Section 1. That the Whereas clauses are hereby incorporated herein as if repeated in full. Section 2. That the La Porte County Treasurer is hereby encouraged to immediately initiate actions for the issuance of provisional tax bills for “2007” payable “2008”. Section 3. That a copy of this resolution be sent to the Indiana Department of Local Government Finance and all La Porte County Legislators to encourage them to implement Standard Operating Procedures for the automatic issuance of provisional tax bills whenever tax bills cannot be issued by June 1st of a given year. Sponsored by: /s/Marc Espar, Common Council Member /s/Robert McKee. Common Council Member Councilman Espar moved to adopt the Resolution and stated reason of support, seconded by Councilman McKee. Councilman McKee voiced his support for the proposed Resolution. Council President Meer asked if there were any comments or questions by the public on this proposed Resolution and hearing none, directed the Clerk to call for the vote: AYES: COUNCIL MEMBERS Milsap, Murphy, Nelson, Boy, Doyle, Espar, Jankowski, McKee, and Meer (9). NAYS: None (0). ORDINANCES The Clerk read on first reading by title only, ADDITIONAL APPROPRIATIONS ORDINANCE Introduced by Councilman Marc Espar. (DECREASE Riverboat Gaming Fund #9000, Unappropriated $450,000.00, INCREASE Account # 9000 0000 04 444.013 $450,000.00 Refuse Equipment) News Dispatch ad March 19, 2008 – formal public hearing to be held April 15, 2008. Councilman Espar requested to refer this Ordinance to the Finance Committee. Council President Meer upon Councilman Espar’s request referred the Ordinance to the Finance Committee. Jim Kintzele, Refuse Department, Superintendent and Connie Adams, Refuse Inspector did a presentation regarding the additional appropriation for the proposed refuse equipment. Page 10 March 18, 2008 John Schaefer, City Controller stated statistics regarding Workman’s Compensation claims in the last three years just at the Refuse Department. Further discussion ensured among Council Members Meer, Milsap, McKee, and Refuse Department Superintendent Jim Kintzele. Council President Meer asked if there were any other comments or questions by the Council or general public and hearing none, the Ordinance was laid over for second reading. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Mayor Oberlie has requested the advice and consent of the Council for the re-appointment of Jim Jaksa as a member of the Michigan City Port Authority. Mr. Jaksa’s term will begin immediately and expire April 13, 2012. Councilman McKee moved to grant the requested advice and consent, seconded by the body of the Council. Council Members McKee and Espar stated reasons to re-appoint Mr. Jaksa to the Michigan City Port Authority. Jim Jaksa, 3 Royal Troon Drive, addressed the Council on reasons why he wanted to be re- appointed to the Michigan City Port Authority. Council President Meer asked if there were any other comments from the Council or general public regarding this re-appointment and hearing none, Mr. Jaksa was nominated by the following vote: AYES: COUNCIL MEMBERS Murphy, Nelson, Boy, Doyle, Espar, Jankowski, McKee, Meer, and Milsap (9). NAYS: None (0). COMMENTS FROM THE COUNCIL Councilman Milsap congratulated the athletes from the Michigan City High School who received awards last night at the Winter Sports Awards. Council President Meer wanted to make note that the Council was unanimous on every issue this evening. COMMENTS FROM THE PUBLIC Greg Tuel, on behalf of the Krueger Neighborhood Association addressed the Council in regards to an Ordinance and aggressive dogs running loose. Council Members Murphy and McKee responded to Mr. Tuel’s concerns. Mr. McKee stated that legislation will be proposed at the next Council meeting (April 1, 2008). Councilman Murphy advised that he would attend the next Krueger Neighborhood Association Meeting. ADJOURNMENT On motion by Councilman Milsap, supported by Councilman Jankowski, and there being no further business to transact, President Meer declared the meeting ADJOURNED (approximately 8:35 p.m.). Thomas F. Fedder, City Clerk