December 20, 1999

 

A regular meeting of the City Council was held on Monday, December 20, 1999, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Wazbinski presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:   John Coppage, Hollis McKeag, John Moolenaar, Marty Wazbinski

Councilmen absent:    Drummond Black (excused)

 

Minutes

Approval of the minutes of the December 6, 1999 regular meeting and December 13, 1999 special meeting was offered by Councilman Moolenaar and seconded by Councilman Coppage.  (Motion adopted.)

 

Volunteer Blood Donor Month

Jill Liberto, Assistant Communications Coordinator, introduced Wilson Coomer, Executive Director of the Ernie Wallace Memorial Blood Bank.  Mr. Coomer requested Council issue a proclamation designating January 2000 as Volunteer Blood Donor Month.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

RESOLVED, that the Mayor Pro Tem is authorized to issue the attached proclamation designating the month of January, 2000, as VOLUNTEER BLOOD DONOR MONTH in Midland.  (Motion adopted.)  Mayor Pro Tem Wazbinski then presented the proclamation to Wilson Coomer.

 

public comments

Larry Pillepich, 3602 McKeith, voiced his support of the sanitary sewer ballot proposal but questioned why the Nelson Street Pumping Station was singled out and listed specifically on the ballot proposal.

 

Ordinance Amendment – Grove Street Commons I

James Schroeder, Director of Planning and Community Development, presented information on the amendments to Article XIII, Chapter 2 of the Code of Ordinances to correct the legal descriptions in ordinances adopted on July 13, 1998.  The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1463

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-260.4, ARTICLE XIII, CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1.  Article XIII, Chapter 2, Section 2-260.4, Grove Street Commons I, is hereby amended to read as follows:

Sec. 2-260.4.  Grove Street Commons I.

      The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)(3) Corporation (a sponsor, as defined herein), has offered, subject to an allocation of tax credit financing from the authority under Section 42 of the Internal Revenue Code of 1986, as amended, to erect or operate and maintain a housing development identified as Grove Street Commons I, located on the following described property:

Lots 13 and 14, and the Southeast 1/2 of Lot 15 of Block 57 of Larkin’s Addition to the City of Midland, recorded in Liber A, Page 26, of Midland County records, more particularly described as part of Section 16 and part of Section 21, T14N, R2E, City of Midland, Midland County, Michigan, beginning at the East corner of Block 57 of said Larkin’s Addition to the City of Midland; thence N 46 deg 02 min 23 sec W, 150.00 feet; thence S 44 deg 00 min 00 sec W, 120.47 feet; thence S 46 deg 05 min 15 sec E, 150.00 feet; thence N 44 deg 00 min 00 sec E, 120.34 feet to the point of beginning.

Section 2.  This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Ordinance Amendment – Grove Street Commons II

The following ordinance amendment was offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1464

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-260.5, ARTICLE XIII, CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1. Article XIII, Chapter 2, Section 2-260.5, Grove Street Commons II, is hereby amended to read as follows:

Sec. 2-260.5.  Grove Street Commons II.

      The City acknowledges that the Affordable Housing Alliance of Midland County, a 501(c)(3) Corporation (a sponsor, as defined herein), has offered, subject to an allocation of tax credit financing from the authority under Section 42 of the Internal Revenue Code of 1986, as amended, to erect or operate and maintain a housing development identified as Grove Street Commons II, located on the following described property:

Lots 10, 11, 12, and the Southeast 25 feet of Lot 9, Block 57 of Larkin’s Addition to the City of Midland, recorded in Liber A, Page 26, of Midland County records, more particularly described as part of Section 16 and part of Section 21, T14N, R2E, City of Midland, Midland County, Michigan, beginning at a point which is S 44 deg 00 min 00 sec W, 120.34 feet from the East corner of Block 57 of said Larkin’s Addition to the City of Midland; thence S 44 deg 00 min 00 sec W, 120.34 feet; thence N 46 deg 08 min 09 sec W, 205.00 feet; thence N 44 deg 00 min 00 sec E, 120.51 feet; thence S 46 deg 05 min 15 sec E, 205.00 feet to the point of beginning.

Section 2.  This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Midland Emergency Management Ordinance

Jack Duso, Assistant City Manager, presented information on a new City of Midland Emergency Management Ordinance.  Roger Garner, Midland County Emergency Services Director, spoke in support of the proposed ordinance.  Introduction and first reading of the City of Midland Emergency Management Ordinance was offered by Councilman Moolenaar and seconded by Councilman McKeag:

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN BY ADDING A NEW CHAPTER, WHICH NEW CHAPTER SHALL BE DESIGNATED AS CHAPTER 35 THEREOF.

The City of Midland Ordains:

Section 1.        Chapter 35 is hereby created to read as follows:

Sec. 35-1.  Adopted.

The Emergency Management Act (Public Act 390 of the Public Acts of the State of Michigan of 1976, as amended) is hereby adopted as the city emergency management ordinance and made a part of this chapter as if fully set out herein, except such portions as are amended or deleted by the provisions of this chapter.

Sec. 35-2.  Title.

This chapter shall be known and may be cited as the “City of Midland Emergency Management Ordinance.”

Sec. 35-3.  Purpose.

The purpose of this chapter is to provide for the planning, mitigation, preparedness, response and recovery from natural and human-made disasters within the City of Midland by being part of the County of Midland’s emergency management program; to appoint the county Director of Emergency Services as the City of Midland’s municipal emergency management coordinator; to provide a means for coordinating resources of the City with those of the County; to appoint an emergency management liaison to work with the emergency management coordinator; and to provide a means through which the City Council may exercise the authority and discharge the responsibilities vested in it by this ordinance and P.A. 390 of the Public Acts of the State of Michigan of 1976, as amended.

Sec. 35-4.  Definitions.

The terms used herein shall have the same meaning as given them in Public Act 390 of the Public Acts of the State of Michigan of 1976, as amended, or as hereinafter in this section provided unless the context clearly indicates to the contrary.  As used this chapter:

a)      Act means Public Act 390 of the Public Acts of the State of Michigan of 1976, as now in effect or hereinafter amended.

b)      Chief executive official means the city manager of the city.

c)      City or municipality means city of midland.

d)      Council or city council means the city council of the city.

e)      County means the county of midland.

f)        Department of emergency services means the county of midland department of emergency services.

g)      Disaster means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from a natural or human-made cause, including but not limited to fire, flood, snowstorm, ice storm, tornado, windstorm, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders.

h)      Disaster relief force means all agencies of county and city government, private and volunteer personnel, public officers and employees, and all other persons or groups of persons identified in the midland county emergency operations plan as having duties to perform or those called into duty or working at the direction of a party identified in the plan to perform a specific disaster or emergency related task during a local state of emergency.

i)        District coordinator means the Michigan Department of State Police emergency management division district coordinator who serves as liaison between the department of emergency services and the Michigan Department of State Police, emergency management division in all matters pertaining to emergency and disaster situations.

j)        Emergency management liaison means the person designated by the council to assist the municipal emergency management coordinator in coordinating the emergency management activities within the city.

k)      Emergency management program means the program established to coordinate planning, mitigation, preparedness, response and recovery activities for emergency or disaster situations within a given geographic area made up of one or several political subdivisions.  Such a program has an appointed emergency management coordinator and meets the program standards and requirements as established by the Department of State Police, emergency management division.

l)        Emergency operations plan means the plan developed and maintained by the county for the purpose of responding to emergency or disaster situations by identifying and organizing the disaster relief force.

m)    Governor’s state of disaster means an executive order or proclamation by the governor that implements the emergency response and recovery aspects of the Michigan emergency management plan and applicable local plans of the county or city programs affected.

n)      Governor’s state of emergency means an executive order or proclamation by the governor that implements the emergency response and recovery aspects of the Michigan emergency management plan and applicable local plans of the county or city programs affected.

o)      Local state of emergency means a declaration that activates the response and recovery aspects of any and all applicable local or interjurisdictional emergency operations plans and authorizes the furnishing of aid, assistance, and directives under those plans.

p)      Municipal emergency management coordinator means the person designated by the council to coordinate all matters pertaining to emergency management within the city. 

Sec. 35-5.  Municipal Emergency Management Coordinator; Appointment.

The midland county director of emergency services is hereby appointed as the municipal emergency management coordinator for the city.  In addition to acting on behalf of, and at the direction of, the chairman of the county board of commissioners, the municipal emergency management coordinator shall also act on behalf of, and at the direction of, the city manager.

Sec. 35-6.  Municipal Emergency Management Coordinator; Duties.

The municipal emergency management coordinator shall comply with the standards and requirements as established by the department of State Police, emergency management division, under the authority of the act, in accomplishing the following:

a)      Direct and coordinate the development of the midland county emergency operations plan.

b)      Specify departments or agencies which must provide an annex to the plan or otherwise cooperate in its development.

c)      Identify departments and agencies to be included in the midland county emergency operations plan as part of the disaster relief force.

d)      Develop and maintain data on available resources.

e)      Coordinate the recruitment, appointment, and utilization of volunteer personnel.

f)        Assure the emergency management program meets eligibility requirements for state and federal aid.

g)      Coordinate and/or conduct training and exercise programs for the disaster relief force within the county and test the adequacy of the emergency operations plan.

h)      Through public information programs, educate the population of the city of actions necessary for the protection of life and property in an emergency or disaster.

i)        Assist in the development of mutual aid agreements.

j)        Assist the city in the development of standard operating procedures which are consistent with the emergency operations plan.

k)      Oversee the implementation of all functions necessary during an emergency or disaster in accordance with the emergency operations plan.

l)        Coordinate emergency management activities with all municipalities in midland county, surrounding counties and municipalities, and the state.

m)    Coordinate all preparedness activities including establishing and maintaining an emergency coordinating center as necessary.

n)      Identify mitigation opportunities within the county and encourage departments/agencies to implement mitigation measures.

Sec. 35-7.  Emergency Management Liaison; Appointment, Duties.

The city manager, or his designee, shall perform the duties of the emergency management liaison for the purpose of assisting the municipal emergency management coordinator in coordinating the emergency management activities within the city.  The city manager shall appoint a minimum of two city employees as successors to the position of the city liaison, the names of which along with the line of succession shall be provided to the municipal emergency management coordinator.  The duties of the liaison are as follows:

a)      Coordinate municipal emergency management activities with those of the county and adjacent jurisdictions.

b)      Assist the municipal emergency management coordinator in the development of the emergency operations plan and the incorporation of city resources in the plan.

c)      Identify city resources and agencies to be included in the emergency operations plan as part of the disaster relief force.

d)      Identify city resources and forward information to the municipal emergency management coordinator.

e)      Coordinate the recruitment, appointment, and utilization of volunteer resources within the city.

f)        Assist the municipal emergency management coordinator with administering training programs.

g)      Coordinate city participation in exercises conducted by the county.

h)      Assist in the development of mutual aid agreements.

i)        Assist in educating the population of the city of actions necessary for the protection of life and property in an emergency or disaster.

j)        Identify and collect damage assessment information within the city and forward to the county.

k)      Develop standard operating procedures for disaster response that are consistent with the emergency operations plan.

Sec. 35-8.  Review of Emergency Operations Plan and Municipal Emergency Management Coordinator.

The city manager shall review effectiveness of the midland county emergency operations plan as the plan relates to the city at least once every four years.  He shall make recommendations to the municipal emergency management coordinator of any changes that may be needed.  After this review and incorporation of necessary changes, the city council shall certify the plan to be current and adequate for the City of Midland.

On an annual basis, the city manager shall review the eligibility and performance of the municipal emergency management coordinator and make recommendations to the city council as necessary.

Sec. 35-9.  Declaration of Local State of Emergency.

When circumstances within the city indicate that the occurrence or threat of occurrence of widespread or severe damage, injury or loss of life or property from natural or human-made cause exists, the city manager may declare a local state of emergency.  Such a declaration shall be promptly filed with the midland county department of emergency services, which shall forward it to the Department of State Police, emergency management division.  If a state of disaster or emergency is declared by the Governor, the city manager shall assign and make available for duty the employees, property, or equipment of the City of Midland within or without the physical limits of the City of Midland as ordered by the Governor or the Director of the Michigan Department of State Police in accordance with the Act.

Section 2.  This ordinance shall become effective upon publication.  (Motion adopted.  Considered first reading.)

 

1999 Local Officers’ Compensation Commission Determinations

Penny Kovacevich, City Clerk/Treasurer, presented the 1999 LOCC Determination to Council.  No action was taken on the resolution to reject the 1999 LOCC Determination.

 

Extension of Time for Sidewalk Completion – Hearthstone Estates No. 1

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from John A. and Judith Ann Rapanos, proprietors of Hearthstone Estates No. 1, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Hearthstone Estates No. 1 until November 30, 2000, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by January 31, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

Extension of Time for Sidewalk Completion – Wintergreen Estates No. 12

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Wintergreen Associates, proprietors of Wintergreen Estates No. 12, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Wintergreen Estates No. 12 until November 30, 2002, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by January 31, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year.  (Motion adopted.)

 

Extension of Time for Sidewalk Completion – Woodview Pass Estates No. 1

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from John Rapanos, on behalf of Apollo Ventures, Inc., proprietor of Woodview Pass Estates No. 1, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Woodview Pass Estates No. 1 until November 30, 2000, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by January 31, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

Declined Extension of Time for Sidewalk Completion – Amberwood Subdivision

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Keith Schroeder, on behalf of Schroeder Builders, proprietor of Amberwood Subdivision, to extend the period of time to complete the sidewalks within said subdivision; and

WHEREAS, the City Council finds that the completion of all sidewalk in Amberwood Subdivision is in the public interest; now therefore

RESOLVED, that the City Council declines to extend the period of time to complete the sidewalks within Amberwood Subdivision; and

RESOLVED FURTHER, that if the proprietor fails to complete said sidewalk by May 31, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 


Traffic Control Order No. S-99-11

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. S-99-11 filed September 27, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Wild Pine Court, North and Wild Pine Court, South shall yield to Plymouth Street.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. S-99-12

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. S-99-12 filed September 27, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Hearthstone Circle shall stop for Eastlawn Drive.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. S-99-13

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. S-99-13 filed September 27, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Roundtree Circle shall stop for Eastlawn Drive.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order No. S-99-14

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. S-99-14 filed September 27, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Clover Court shall yield to Dyckman Road.

is hereby made permanent.  (Motion adopted.)

 

Designation of Street Administration for MDOT

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, Act 51 of Public Act 1951, as amended, requires that all municipalities designate a Street Administrator for the purpose of certifying annual reports to the Michigan Department of Transportation for the purpose of providing funds for street construction and maintenance; now therefore

RESOLVED, that Brian P. McManus, City Engineer is hereby designated as the Street Administrator for the City of Midland.  (Motion adopted.)

 

Site Plan No. 187

James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 187 – a gas station/C-store and Burger King at the corner of South Saginaw Road and East Patrick Road.  Terry McTaggert, President of Forward Corporation, spoke on the changes made to the site plan.  Cindy Winland of Crescent Consulting, voiced support for the site plan approval.  Dick Beaubien, Transportation Director of Hubbell, Roth & Clark, Inc., presented a vehicle count summary and peak left turns at South Saginaw and East Patrick Roads.  Dick Beaubien stated his data supports left turns on East Patrick.  Ray Behling of Schostak Brothers & Company, voiced support of the site plan.  Nancy Mieske, 1506 Iowa, voiced opposition to the access from Walsh Street.  Heidi McIvor, 705 Prairie Creek Drive, questioned if high school traffic routes to Burger King were considered.  James Branson, Acting City Attorney, voiced concern for increased city liability if Council acts against the advice of staff and a professional consultant hired to provide information to Council.  The resolution to approve Site Plan No. 187 was offered by Councilman Coppage and seconded by Councilman McKeag.  After Council discussion, the following resolution to postpone action on Site Plan No. 187 was offered by Councilman McKeag and seconded by Councilman Moolenaar:

RESOLVED, that action on Site Plan No. 187 – a 6,083 square foot gas station/C-store and Burger King at the northeast corner of South Saginaw Road and East Patrick Road is hereby postponed until January 10, 2000.  (Motion adopted.  Yeas:  McKeag, Moolenaar, Wazbinski   Nays:  Coppage)

 

Liquor License Transfer – 101 E. Main

The following resolution was offered by Councilman Moolenaar and seconded by Councilman McKeag:

RESOLVED, That the request from AUSTIN JAMES L.L.C. to transfer ownership of 1999 Class C licensed business with Dance Permit, located at 101 E. Main, Midland, MI  48640, Midland County, from DOWNTOWN VENTURE CORP.; and request a new Entertainment Permit & request to cancel request for a new entertainment permit be considered for approval.  It is the consensus of this legislative body that the application be:  recommended for issuance.  (Motion adopted.)

 

Midland Country Club Firework Works Display – December 31, 1999

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the request of the Midland Country Club to conduct a fireworks display at midnight on Friday, December 31, 1999, is hereby approved subject to meeting the following requirements:

1.      Pyrotechnic Operator:  The display shall be under the supervision of a pyrotechnic operator who shall be responsible for all aspects of the display.

2.      Positioning:  Mortars shall be positioned so that aerial shells are directed over the designated landing area.  The trajectory of aerial shells shall be arranged such that a minimum clearance of 25 feet is maintained from potential obstruction.

3.      Mortar Separation:  Except where mortars are electrically fired, mortars must be separated by a distance no less than the diameter of the mortar tube.

4.      Spectator Separation:  Since the display will include eight inch shells, a minimum separation from the mortar tubes to the nearest spectator shall be 560 feet.

5.      A standby crew from the Fire Department must be present.  The standby crew will provide fire protection and will inspect for compliance with the above requirements.  There will be a charge of approximately $200 for the standby crew.

6.     As a service to neighboring residences, some type of public notification is required. 

(Motion adopted.)

 

1999 State Equalized Valuation

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the City Assessor’s report on 1999 State Equalized Valuation for Industrial Facilities is hereby received and ordered filed for public inspection in the office of the City Clerk.  (Motion adopted.)

 

Payment – Legal Services (MCV Assessment Appeal)

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998 and 1999 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the law firms of Braun, Kendrick, Finkbeiner, P.C., Westrate and Holmstrom, and Spiegel and McDiarmid have been retained to assist the City in its defense of MCV’s assessment appeal; and

WHEREAS, on July 13, 1998, the City Council authorized payment to said law firms for their services in the assessment appeal in a total amount not to exceed $350,000; and

WHEREAS, adjudication of MCV’s assessment appeal was, until recently, being held in abeyance by the Michigan Tax Tribunal, awaiting conclusion of the Filer City appeal case; and

WHEREAS, on December 2, 1999 the Michigan Tax Tribunal issued an order mandating an exchange of appraisals in June, 2000; and

WHEREAS, the cost of the legal defense of the assessment appeal will exceed that which has thus far been authorized for payment and, as such, an additional authorization is required for payment of services rendered by said firms; and

WHEREAS, it is also necessary to provide additional budgetary funding in the amount of $300,000 to supplement the appropriations approved for this purpose in the 1999-2000 General Fund budget; and

WHEREAS, funding in excess of current needs is available in the Dow Chemical Tax Appeal defense cost activity in the General Fund budget; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $200,000 from Property Appraisals – Dow Chemical Tax Appeal and $100,000 from Legal Fees – Dow Chemical Tax Appeal to Legal Fees in the MCV Tax Appeal activity; and

RESOLVED FURTHER, that payments to the law firms of Braun, Kendrick, Finkbeiner, P.C., Westrate and Holmstrom, and Spiegel and McDiarmid for continued legal services in the matter of the aforementioned appeal are hereby authorized in an amount not to exceed a total of $750,000.  (Motion adopted.)

 

Payment – Appraisal Services (MCV Assessment Appeal)

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998 and 1999 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firm of George E. Sansoucy, P.E., has been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on December 7, 1998, the City Council authorized payment to said appraisal firm for services in the assessment appeal in a total amount not to exceed $250,000; and

WHEREAS, adjudication of MCV’s assessment appeal was, until recently, being held in abeyance by the Michigan Tax Tribunal, awaiting conclusion of the Filer City appeal case; and

WHEREAS, on December 2, 1999 the Michigan Tax Tribunal issued an order mandating an exchange of appraisals in June, 2000; and

WHEREAS, the cost of appraisal fees in connection with this assessment appeal will exceed that which has thus far been authorized for payment and, as such, an additional authorization is required for payment of services rendered by said firm; and

WHEREAS, it is also necessary to provide additional budgetary funding in the amount of $100,000 to supplement the appropriations approved for this purpose in the 1999-2000 General Fund budget; and

WHEREAS, funding in excess of current needs is available in the Dow Chemical Tax Appeal defense cost activity in the General Fund budget; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $100,000 from Property Appraisals – Dow Chemical Tax Appeal to Property Appraisals in the MCV Tax Appeal activity; and

RESOLVED FURTHER, that payments to the appraisal firm of George E. Sansoucy, P.E. for continued appraisal services in the matter of the aforementioned appeal are hereby authorized in an amount not to exceed a total of $500,000.  (Motion adopted.)

 


Purchase – Valves for Domestic Water System

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Utilities Department began a program in 1996 to upgrade and standardize its Domestic high service pump stations; and

WHEREAS, the Utilities Department needs to replace two remaining discharge valves with 12" Pratt double seated ball valves for its Domestic high service pump stations to complete the upgrade and standardization program, at a cost of  $30,200; and

WHEREAS, Henry Pratt Company is the only manufacturer and sole source of these valves; and

WHEREAS, the City Administration has reported that sufficient budgetary funds are available in account number 591-8270-821.93-21 WTP Maintenance - Domestic; and

WHEREAS, the Utilities Department needs to replace the fill valve at the Jefferson elevated storage tank with a 12" Pratt double seated ball valve at a cost of $13,000; and

WHEREAS, the City Administration has reported that sufficient budgetary funds are available in account number 591-8284-821.93-21 Water Distribution - Tower Maintenance; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed competitive proposals is hereby waived as impractical, and the issuance of a purchase order to Henry Pratt Company is authorized in an amount not to exceed $43,200, to provide payment for the purchase of three domestic water system valves.  (Motion adopted.)

 

Payment – Industrial System Pump #3 Repair & Maintenance

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a public hearing was held on October 18, 1999, and Council approved a budget amendment to the 1999-2000 Water Fund in the amount not to exceed $32,000, to provide for the payment of costs and receipt of reimbursements from Dow and Dow Corning associated with the unanticipated repair and maintenance of industrial system pump #3; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed competitive proposals is hereby waived as impractical, and the issuance of a purchase order to Power Transfer, Inc. is authorized in an amount not to exceed $32,000, to provide payment for costs associated with the repair and maintenance of industrial system pump #3.  (Motion adopted.)

 

Proposed 1999-2000 Grace A. Dow Memorial Library Budget Amendment

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., January 10, 2000, in the Council Chambers of City Hall on the proposal to amend the budget of the Grace A. Dow Memorial Library for the 1999/2000 fiscal year in order to provide funding for necessary maintenance projects that were not completed in the 1998/1999 fiscal year and were not encumbered through the annual budget amendment made on October 4, 1999.  (Motion adopted.)

 

Industrial Development District for Dateppli, Inc.

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, Roger Gohrband, on behalf of the property owner, Virginia H. Gohrband, by means of a letter, including a proposed facility, dated November 18, 1999, which was received by the City Clerk on November 18, 1999, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on January 10, 2000 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion adopted.)

 

Vacation of Burtless and Soper Streets and Abandonment of Prentiss Street

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the Midland City Council, acting upon the request of the Planning Commission, to vacate of all of Burtless Street, to vacate all of Soper Street from Madison Street to Burch Street, a part of the plat of Elmwood, as recorded in Liber A of Plats, Page 54, Midland County Records, and to abandon all of Prentiss Street, referred the matter to the Midland City Planning Commission, the City Engineer, the Department of Public Services, and the Utilities Department for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending approval of the request; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the request; and

WHEREAS, a report has been received from the Director of Public Utilities indicating no objection to the request; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation, discontinuance, and abolishment of all of Burtless Street and all of Soper Street from Madison Street to Burch Street, and the abandonment, discontinuance, and abolishment of all of Prentiss Street; and

RESOLVED FURTHER, that the 31st day of January, 2000, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said street, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion adopted.)

 

NEW BUSINESS

Set a joint meeting between the City Council and the Parks and Recreation Commission for January 31, 2000, at 6:00 p.m.

 

Being no further business the meeting adjourned at 9:08 p.m.

 

 

                                                                               _____________________________________

                                                                               Sandy Marshall, Deputy City Clerk