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Council ratifies economic improvement district ordinance after legal review; petition found lacking
Summary
Following a petition objecting to an EID declaration, city attorneys reviewed deeds and records and told the council the petition lacked legal merit; the council voted 7-2 to ratify and reaffirm EID findings and determinations.
The Michigan City Common Council on Dec. 16 voted 7-2 to ratify and reaffirm findings and determinations related to an economic improvement district (EID) previously established by ordinance. The item had been tabled from Dec. 2 to allow legal counsel additional review after a public petition raised questions about deed records and possible conflicts of interest.
Attorney Snow summarized the firm's review and told the council that the petition "is lacking in legal merit," noting the issues largely involved typographical or "scrivener's" errors in deeds and paperwork that courts routinely allow to be corrected if they do not reflect an intent to defraud. Snow said staff and special counsel's prior research concurred that the EID process was properly followed and recommended approval of an ordinance ratifying the redevelopment commission's findings.
Council discussion included frustration that the petition delayed the process and a minority view urging the council to treat public petitions seriously. Councilwoman Moldenhauer said she opposed the ordinance on principle because she wanted the city to avoid careless errors in public documents and urged improved proofreading policies. The ordinance passed, with two councilmembers recorded as opposed.
Provenance: petition and counsel memo discussed SEG 1020'SEG 1134; ordinance considered and passed SEG 2887'SEG 3034.
Speakers (as identified in the transcript): Attorney Snow, Councilman Beatrice, Councilwoman Moldenhauer.
