April 24, 2000

 

A regular meeting of the City Council was held on Monday, April 24, 2000, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Drummond Black, John Coppage, Hollis McKeag, Marty Wazbinski

Councilmen absent:

None

Vacant:

Fourth Ward

 

Minutes

Approval of the minutes of the April 10, 2000 regular and April 17, 2000 special meetings was offered by Councilman Coppage and seconded by Councilman Wazbinski.  (Motion adopted.)

 

2000 Boards and Commissions Recruitment Process Update

Selina Tisdale, Community Relations Coordinator, updated Council on the 2000 Boards and Commissions recruitment process.  The deadline for City of Midland residents to submit applications for consideration of appointment to a board or commission is April 28, 2000.  An information campaign utilizing MGTV, the Midland Daily News, other local news sources, City of Midland website and the League of Women Voters was conducted by the City Manager’s Office during the recruitment process.

 

Solicitation for Additional Comments on the Definition of Family (Ordinance No. 1475)

A public hearing was held to solicit additional comments on the definition of family.  The hearing opened at 7:14 p.m.  Donald Hall, 4008 Pfeiffer Court, stated four unrelated persons in one residence was acceptable and opposed changing to two unrelated persons in one residence.  Tyler Schneider, representing Bennett Construction, opposed changing family definition from four to two.  Helen Maureen Donker, 1312 Helen, opposed lowering the definition to two, feeling it would have an impact on disabled persons.  Larry Lindsey, Dean of Students at Northwood University, indicated four was acceptable and opposed lowering the definition to two.  Dr. Catherine Chen, Provost at Northwood University, opposed lowering the definition to two.  Mark Ouimet, Chancellor at Northwood University, spoke in opposition of lowering the family definition to two.  Carol Durfee, 700 N. Saginaw, spoke regarding intimidation by Northwood students living next door.  Ryan Soffa, 710 N. Saginaw Road, opposed lowering the definition to two.  Margaret Charter, 1512 Crane Court, favored changing the definition to two unrelated individuals in a household.  John Rapanos, 1012 W. Sugnet Road, opposed changing the definition from four to two.  Stuart and Johanna Frohm, opposed changing the definition from four to two.  Oswald Anders, urged Council to look at the definition of family very carefully.  The hearing closed at 8:10 p.m.   Council requested that Karl Tomion, City Manager, prepare a report on other amendments to the City’s ordinances that may be advisable to further address the noise and parking problems raised by residents and report back to Council in forty-five (45) days.

 

Proposed 2000-01 Budget

Robert Fisher, Director of Fiscal Services, reviewed the City Manager’s proposed 2000-01 budget prior to holding the public hearing.  The hearing opened at 8:31 p.m., no comments were made, the hearing closed at 8:32 p.m.

 

Proposed Budget and/or Financial Working Plan Amendments

Debbie Mol, City Controller, reviewed proposed budget amendments for projected spending in certain funds with budgets or financial working plans, proposed amendment to the Transportation (Dial-A-Ride) financial working plan, the Downtown Development Authority Fund and a budget amendment for various capital projects.  The following four resolutions were then presented for consideration.

1999-2000 Budgets and Financial Working Plans Amendments

A public opened at 8:50 p.m., no comments were made, the hearing closed at 8:51 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, April 24, 2000, on the proposal to amend certain 1999-2000 City budgets and financial working plans to adjust the revenues and expenditures to reflect the projected actual 1999-2000 amounts submitted during the 2000/2001 budget process; now therefore

RESOLVED, that the following 1999-2000 City budgets and financial working plans be amended as indicated:

 

 

FUND

 

REVENUE

Increase (Decrease)

 

EXPENDITURE

Increase (Decrease)

General Fund

$  812,700

$  (1,786,400)

Major Street Maintenance Fund

374,900

(205,200)

Local Street Maintenance Fund

114,800

(25,700)

Library

(134,800)

(134,800)

Cable Communications Fund

54,300

(12,400)

Sanitary Landfill Fund

(87,100)

(239,500)

Washington Woods Fund

(43,600)

(87,500)

Riverside Place Fund

5,100

(31,400)

Golf Course Fund

35,500

(14,600)

Parking Fund

(3,800)

15,400

Transportation Fund

45,800

36,800

Wastewater Fund

52,700

32,100

Water Fund

23,500

(113,100)

Storm Water Management Fund

(3,200)

(3,200)

Data Processing – Operations Fund

6,800

(347,400)

Data Processing – PC Rental Fund

3,800

(19,500)

Equipment Revolving Fund

(258,700)

(111,700)

Service Center Rental Fund

5,000

200

(Motion adopted.)

 

1999-2000 Budget Amendment - DART

A public hearing opened at 8:52 p.m., no comments were made, the hearing closed at 8:53 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Coppage:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, April 24, 2000, on the proposal to amend the 1999-2000 Financial Working Plan of the Transportation (Dial-A-Ride) Fund to recognize unanticipated revenue from a Michigan Department of Transportation capital grant and provide an additional appropriation for the purchase of eight buses; now therefore

RESOLVED, that the 1999/2000 financial working plan for the Transportation (Dial-A-Ride) Fund is amended by increasing revenues from the Michigan Department of Transportation capital grants by $444,070 and increasing appropriations for capital outlay by $444,070.  (Motion adopted.)

 

1999-2000 Budget Amendment - DDA

A public hearing opened at 8:54 p.m., no comments were made, the hearing closed at 8:55 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Coppage:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, April 24, 2000, on the proposal to amend the 1999-2000 Budget of the Downtown Development Authority Fund to recognize revenue from outside contributions for facade assistance in the downtown area and provide additional funding for the expenditure to the facade assistance project; now therefore

RESOLVED, that the 1999-2000 Budget of the Downtown Development Authority Fund is amended by increasing revenues from outside contributions by $90,000 and increasing appropriations for capital outlay by $90,000.  (Motion adopted.)

 

1999-2000 Budget Amendment for Various Capital Projects

A public hearing was opened at 8:56 p.m., no comments were made, the hearing closed at 8:57 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, in accord with Section 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, April 24, 2000, on the proposal to amend certain of the City’s 1999-2000 budgets and financial working plans to recognize unanticipated revenues from construction refunds and provide additional appropriations for transfer to the capital projects funds; now therefore

RESOLVED, that the 1999-2000 budget of the Major Street Maintenance Fund and the Local Street Maintenance Fund and the financial working plan of the Wastewater Fund are hereby amended as follows:

 

Fund

Increase in Revenue From

Construction Refunds

Increase in Expenditures

For Outgoing Transfers

Major Street Maintenance

             $    10,500

             $    10,500

Local Street Maintenance

                   26,200

                   26,200

Wastewater

                   52,400

                   52,400

(Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Auction – Unclaimed Personal Property being held by Police Department (Bike Auction)

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

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 6, 2000 with the net proceeds being deposited in the General Fund or other appropriate City funds; and

RESOLVED FURTHER, that the City will be selling similar unclaimed items for the County Sheriff’s Department in a cooperative venture and sending the proceeds, less expenses, to the County.  (Motion adopted.)

 

 

Donation of Funds from the Currie Family for Currie Golf Course Clubhouse

Martin McGuire, Director of Public Services, presented a conceptual plan by the architectural firm of Dow, Howell, Gilmore for a new 4,000 square foot clubhouse at the Currie Golf Course.  The Currie family, in memory of Gilbert A. Currie, has pledged $1.2 million for the construction of the clubhouse.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Coppage:

 

WHEREAS, the late Gil Currie and his family have historically been strong supporters of municipal golf in Midland; and

WHEREAS, the Currie family has proposed to donate 1.2 million dollars for the purpose of building a clubhouse at Currie Golf Course in honor of the late Gil Currie; and

WHEREAS, the Parks and Recreation Commission has reviewed the offer of the Currie family; and

WHEREAS, the Commission at their meeting of April 11, 2000 unanimously recommended that the City Council accept the generous gift of the Currie family and authorize the staff to work with Dow, Howell, Gilmore to develop construction drawings for the project; now therefore

RESOLVED, that the City Council does accept the generous gift of the Currie family and authorize staff to work with Dow, Howell, Gilmore to develop construction drawings.  (Motion adopted.)

 

Establishment of Theis Park in the Hillside Subdivision

Martin McGuire, Director of Public Services, presented information on the establishment of a park in the Hillside Subdivision to be named Theis Park.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, in the process of developing Hillside Subdivision, .58 acres are designated in the plat for park purposes; and

WHEREAS, Hillside Subdivision includes fourteen houses built under the City’s CHOICE program; and

WHEREAS, Jim Theis was the founder of the City’s CHOICE Program and donated significant time to making the program a success; and

WHEREAS, the Parks and Recreation Commission passed a resolution on April 11, 2000 recommending that the park in Hillside Subdivision be established and named Theis Park; now therefore

RESOLVED, that the area shown for park purposes on the plat of Hillside Subdivision be established as Theis Park.  (Motion adopted.)

 

Sale of C.H.O.I.C.E. House at 308 Bradley Road

Cheryl Standfest, Administrative Assistant in Planning, presented information on the sale of a C.H.O.I.C.E. house at 308 Bradley Road.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 308 Bradley Road in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated April 5, 2000, was submitted by Debra J. Murphy, in the amount of $78,575.16, which is the appraised value of the home plus the value of selected appliances; and

WHEREAS, the purchaser will obtain a conventional mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, a second mortgage will be recorded but deferred by the City of Midland in the amount of $16,843.00 to provide down payment assistance; and

WHEREAS, a third mortgage in the amount of $5,000.00 will be recorded but forgiven at a rate of 20 percent per year over five years; now therefore

RESOLVED, that the City Council hereby approves the attached purchase agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk be authorized and directed to execute a deed for the sale of this property on behalf of the City.  (Motion adopted.)

 

Preliminary Plat of Ashford Estates No. 1

Mark Ostgarden, City Planner, presented material on the Preliminary Plat of Ashford Estates No. 1.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Ashford Estates No. 1; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and

WHEREAS, the approval of the County Drain Commissioner has been received; now therefore

RESOLVED, that the City Council does hereby give tentative and final approval to the Preliminary Plat of Ashford Estates No. 1, in accord with the drawings dated as received March 10, 2000, in accord with Section 23-14 and Section 23-15 of the Code of Ordinances of the City of Midland.  (Motion adopted.)

 

Post-Employment Health Care Fund

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

 

WHEREAS, the City Council wishes to authorize investment of its post-employment health care pre-funding contributions in accordance with the provisions of Public Act 149 of 1999 (known as the Public Employee Health Care Fund Investment Act) and Public Act 314 of 1965, as amended (known as the Public Employee Retirement System Investment Act); now therefore

RESOLVED, that the City of Midland Post-employment Health Care Fund is hereby established in the accounting records of the City, for the purpose of segregating and accumulating assets to pay current and future health care costs on behalf of its retirees, as specified by the City’s collective bargaining agreements and administrative policies; and

RESOLVED FURTHER, that the City Manager shall appoint a five-person Board of Trustees to act as fiduciary of said Fund, consisting in membership of the City Treasurer, the City Director of Human Resources, the City Director of Fiscal Services, one Department Head of a City operating department and one member from the community at large; and

RESOLVED FURTHER, that withdrawals from the Fund shall be made solely for payment of health care benefits for City of Midland retirees and expenses of administration of the Fund; and

RESOLVED FURTHER, that qualified persons for purposes of payment of benefits from the Fund shall include only those persons who shall have retired from the service of the City of Midland and who are receiving retirement annuity payments from either the Municipal Employees Retirement System or the City of Midland Police and Fire Retirement System, and/or eligible beneficiaries of said retired persons; and

RESOLVED FURTHER, that it shall be the City of Midland’s objective to establish said Fund on an actuarial basis; and

RESOLVED FURTHER, that the City shall cause to be prepared a bi-annual report on funding status by a qualified actuary, which shall include recommended annual contribution rates for continuance of the Fund on an actuarial basis; and

RESOLVED FURTHER, that the Chairman of the Board of Trustees of the Fund shall cause to be prepared and filed with the City Clerk a summary annual report of the assets, liabilities, revenues and expenditures of the Fund; and

RESOLVED FURTHER, that the City of Midland’s formal investment policy is hereby amended to provide for exclusion of the assets of the Post-employment Health Care Fund; and

RESOLVED FURTHER, that the Board of Trustees shall prepare and submit to the City Council for adoption a formal investment policy to permit the assets of the Fund to be invested in accordance with the provisions of Public Act 314 of 1965, as amended.  (Motion adopted.)

 

Economic Development Loan from Community Development Block Grant Funds

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

 

WHEREAS, the City of Midland has determined that it is in the interest of the City to utilize Community Development Block Grant funds for funding economic development; and

WHEREAS, the City of Midland has received a request from Case Systems, Inc., for assistance by utilizing Community Development Block Grant funds to provide a loan for working capital purposes; and

WHEREAS, the proposal is to provide assistance for economic development for the purpose of retaining or creating jobs for low or moderate income people; and

WHEREAS, the funds for economic development were approved in the 1998-99 Community Development Block Grant Fund budget; now therefore

RESOLVED, that the City Council hereby approves a loan to Case Systems, Inc., in accord with an agreement to be drafted by the City Attorney, subject to the following conditions:

  1. The amount of the loan is $90,000 to be provided from Community Development Block Grant funds.
  2. The term of the loan will be five (5) years.
  3. The loan interest rate will be 90 percent of prime on the day of closing.
  4. Approval of the loan package by all other parties; and

RESOLVED FURTHER, that payments from said loan shall be returned to the Community Development Block Grant Fund for use in other Community Development Block Grant projects and activities; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute said loan agreement on behalf of the City.  (Motion adopted.)

 

Easement Agreement for Water Mains – Hedgewood Apartments

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

 

RESOLVED, that the attached Easement Agreement from Matthew A. Rapanos, to the City of Midland, for the public water main within the private development of Hedgewood Apartments, in Section 6, T. 14 N., R. 2 E., is hereby accepted and that the Easement is ordered recorded.  (Motion adopted.)

 

Soo RoMal Plastics, Inc. – Industrial Facilities Exemption Certificate Revision

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

 

WHEREAS, the City Council adopted a resolution approving an Industrial Facilities Exemption Certificate for Soo RoMal Plastics, Inc. at a regular meeting of the City Council held Monday, November 22, 1999; and

WHEREAS, the application for an Industrial Facilities Exemption Certificate #99-769 for Soo RoMal Plastics, Inc. was approved for a period of 12 years; and

WHEREAS, when applications are approved late in the year by the local unit the years add to 1999 and the company will actually receive only 11 years ending in 2011; and

WHEREAS, the intent of the City Council was for the company to have the exemption certificate for 12 years; now therefore

RESOLVED, that the November 22, 1999 resolution be amended to state the certificate is hereby approved for a period of 12 years with an ending date of December 30, 2012.  (Motion adopted.)

 

Snow and Ice Control Salt Purchase

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

 

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for snow and ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 2000-01 budgeted sum for this purpose.  (Motion adopted.)

 

2000 Local Street Reconstruction; Contract No. 6

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for a base bid for the reconstruction of McGregor, West Park and Walnut Streets and an alternate bid for the reconstruction of Vance Road from Isabella to Rivercrest; and

WHEREAS, the low bid for the combined projects is $169,478 of which $128,373 is for the base bid and $41,105 is for the alternate bid; and

WHEREAS, 1999-2000 appropriations for McGregor, West Park and Walnut Street reconstruction have been combined into a single project account (LS0004) to provide funding for these improvements; and

WHEREAS, supplemental funding in the amount of $17,000 is needed to allow expansion of the project to include the unanticipated reconstruction of Vance Road from Isabella to Rivercrest; and

WHEREAS, said supplemental funding is available in the 1999-2000 Local Street Fund budget, due to the elimination of the 1999 Natalie Street Improvement project; now therefore

RESOLVED, that the finance director is hereby authorized to transfer $17,000 from the 1999-2000 appropriation for Natalie Street Improvements to the McGregor, West Park and Walnut Street Reconstruction project account; and

RESOLVED FURTHER, that the low sealed proposal for the base bid and alternate bid combined submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2000 Local Street Reconstruction; Contract No. 6", in the indicated amount of $169,478.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 

Sanitary Sewer Bond Issue Design Engineering Services Contract

Brian McManus, City Engineer, gave an overview on bids received on the Design of Sanitary Sewer Improvements.  A review committee recommended the consultant firm of Ayres, Lewis, Norris, and May of Ann Arbor, Michigan be hired to provide design engineering services for the project.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for professional engineering services; and

WHEREAS, proposals have been reviewed and rated by City staff; and

WHEREAS, funding for this expenditure is available in the working capital account of the Wastewater Fund; now therefore

RESOLVED, that the sealed proposal submitted by Ayres, Lewis, Norris, and May of Ann Arbor, Michigan, for “Bid No. 2369 – Design of Sanitary Sewer System Improvements”, in the indicated amount of $320,632.00 is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Biosolids Land Application Contract  (Wastewater)

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

 

WHEREAS, in 1985, the City began utilizing the biosolids disposal technique of Land Application as the most cost effective and environmentally sound alternative available; and

WHEREAS, sealed bids for the contract of Wastewater - Land Application of Biosolids, Bid No. 2372, for a three-year period July 1, 2000 to June 30, 2003, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, sufficient funds have been requested in the 2000/2001 Wastewater Budget account  #590-8144-811.81-92 Sludge Hauling; now therefore

RESOLVED, that the low sealed proposal submitted by Synagro Midwest of Sparta, Michigan for the indicated price per ton of  $0.0209 for up to 3,000,000 gallons per year, at a total annual contract amount not to exceed $62,700, is hereby accepted and a purchase orders are authorized.  (Motion adopted.)

 

Ferric Chloride Contract Extension Renewal (Water & Wastewater)

Noel Bush, Director of Utilities, presented material on the purchase of Ferric Chloride for the Water and Wastewater Treatment Plants and the purchase of one Lime Slaker System for the Water Treatment Plant.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the Water Treatment and Wastewater Plant chemical purchases awarded on June 8, 1998 to PVS Technologies of Detroit, Michigan contained a renewal clause of the original bid price; and

WHEREAS, the ferric chloride costs have remained stable, and both the City and vendor have mutually agreed to exercise the option to renew 1998 pricing; and

WHEREAS, the purchase consists of 500 tons of Ferric Chloride at the price of $109,500 ($219.00 per ton) from PVS Technologies, Inc.; and

WHEREAS, funds have been requested in the 2000-01 budgets and are available in the Water Fund account #591-8162-811.76-56 and in the Wastewater Fund account #590-8144-822.76-56; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived, and the City is authorized to extend the contract at the 1998 pricing to PVS Technologies, Inc. of Detroit, Michigan; and

RESOLVED FURTHER, purchase orders are authorized to PVS Technologies of Detroit, Michigan in an aggregate amount not to exceed $109,500.  (Motion adopted.)

 

Omega Lime Slaker Purchase  (Water Plant)

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

 

WHEREAS, in 1998 City of Midland Water Treatment Plant staff initiated a program to replace and standardize two of the east plant's existing lime slakers at one replacement per year for two years; and

WHEREAS, in June 1998, sealed proposals for one lime slaker system were received and a purchase order was issued to the low bidder Penn Process Technologies, Inc. of Plumsteadville, Pennsylvania in the amount of $60,650 for an Omega Lime Slaker System; and

WHEREAS, Penn Process has offered to provide a second Omega Lime Slaker System with City requested improvement modifications at a price of $62,312; and

WHEREAS, the scheduled replacement of one lime slaker system is to be made during the 2000 calendar year; 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 a purchase order to Penn Process Technologies, Inc. of Plumsteadville, Pennsylvania is authorized in the amount of $62,312 for the purchase of one Omega Lime Slaker System.  (Motion adopted.)

 

Various Assessment and Tax Appeals

James Branson, City Attorney, gave an overview on requests for payment from various firms regarding services rendered in the defense of assessment and tax appeals.  The following four resolutions were then presented for consideration.

 

Contracted Appraisal Services - MCV Assessment Appeal

Mayor Black, from the law firm of Riecker, VanDam, Barker & Black, P.C., requested he be allowed to abstain from any discussion and voting on the resolution authorizing payment to the appraisal firm of A.A. Schoenwald Associates, Inc. for services on an appeal by the Midland Cogeneration Venture.  Mr. Black’s firm has represented the Midland Cogeneration Venture at various times.  Council unanimously agreed to the abstention.  Mayor Pro Tem Wazbinski assumed the chair.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

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 A. A. Schoenwald Associates, Inc. has been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; now therefore

RESOLVED, that payment to the appraisal firm of A. A. Schoenwald Associates, Inc. for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $150,000.  (Motion adopted.  Yeas: Coppage, McKeag, Wazbinski   Nays:  None   Abstained:  Black)

 

Mayor Black returned to the chair.

 

Contracted Legal Services – US-10/Bay City Road Interchange Project

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

 

WHEREAS, the City of Midland has entered into an agreement with the Michigan Department of Transportation to construct a full interchange at the intersection of Bay City Road and US-10; and

WHEREAS, pursuant to said agreement, the City of Midland is required to pay all legal fees associated with the acquisition and condemnation of the property required for said intersection; and

WHEREAS, the services of the law firm of Miller, Canfield, Paddock & Stone have been retained to assist the City of Midland with its efforts in the acquisition and condemnation of said property; and

WHEREAS, on March 18, 1996, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $50,000; and

WHEREAS, on August 11, 1997, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $100,000; and

WHEREAS, on May 11, 1998, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $200,000; and

WHEREAS, on December 7, 1998, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $309,000; and

WHEREAS, on June 7, 1999, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $600,000; and

WHEREAS, the acquisition phase of the project is near completion and the condemnation phase is in process as two condemnation lawsuits, comprising 15 separate parcels, have been filed; and

WHEREAS, the attorneys from Miller, Canfield, Paddock & Stone estimate that additional legal fees to be incurred through culmination of the condemnation trials will be approximately $320,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

WHEREAS, funds are available in the Bay City Road/US-10 Interchange Construction Project account for this purpose; now therefore

RESOLVED, that payment to the law firm of Miller, Canfield, Paddock & Stone for continued legal services in the matter of the aforementioned Bay City Road/US-10 Interchange Project is hereby authorized in a total amount not to exceed $920,000 for the acquisition activities phase.  (Motion adopted.)

 

Contracted Legal Services – Dow Chemical & Dow Corning Corp. Tax Appeal

Councilman Wazbinski requested that he be allowed to abstain from any discussion and voting on the approval of payment to Miller, Canfield, Paddock & Stone in the defense of the tax appeal by the Dow Corning Corporation.  Councilman Wazbinski is an employee of the Dow Corning Corporation.  Council unanimously agreed to the abstention.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 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 Dow Chemical Company 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 law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on August 11, 1997, Council authorized payments to Miller, Canfield, Paddock and Stone for the aforementioned services in a total amount not to exceed $200,000; and

WHEREAS, on December 21, 1998, Council authorized payments to Miller, Canfield, Paddock and Stone for the aforementioned services in a total amount not to exceed $360,725; and

WHEREAS, on February 8, 1999, Council authorized payments to Miller, Canfield, Paddock and Stone for the aforementioned services in a total amount not to exceed $910,725; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $100,000 within the 1999-2000 General Fund budget from the Appraisal account in the Dow Chemical Company Tax Appeal activity to the Legal Assistance account in the Dow Corning Corporation Tax Appeal activity; and

RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone for its assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $1,160,725.  (Motion adopted.  Yeas:  Black, Coppage, McKeag    Nays:  None  Abstained:  Wazbinski)

 

Contracted Legal Services – Meijer, Inc. Assessment Appeal

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

 

WHEREAS, Meijer, Inc. appealed the 1993 and 1994 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, in December 1997 an Opinion and Judgment was entered by the Michigan Tax Tribunal in favor of Meijer, Inc.; and

WHEREAS, the City of Midland appealed this decision with the Michigan Court of Appeals; and

WHEREAS, the law firm of Reed, Stover and O’Connor, P.C. was retained to assist the City of Midland in its defense to continue this appeal; and

WHEREAS, in February 2000 the Michigan Court of Appeals entered an Opinion in favor of Meijer, Inc.; and

WHEREAS, the City of Midland has recently filed an Application for Leave to Appeal with the Michigan Supreme Court; and

WHEREAS, the cost of said services to continue this appeal will exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; now therefore

RESOLVED, that payment to the law firm of Reed, Stover and O’Connor, P.C. for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $50,000.  (Motion adopted.)

 

2000-01 Proposed Community Development Block Grant Budget

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

 

WHEREAS, the City of Midland will receive $330,000 in Community Development Block Grant funds for fiscal year 2000-2001; and

WHEREAS, there are additional funds remaining from previous years in the amount of approximately $379,870; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on May 8, 2000, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant program, as set forth in the attached table.  (Motion adopted.)

 

Zoning Petition No. 455

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 15, 2000, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE OFFICE-SERVICE 1 ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as:  Part of the Northwest ¼ of Section 13, T14N, R2E, City of Midland, Midland County, Michigan, described as beginning at a point which is the Northwest corner of Lot 153 of Harris Park Subdivision, as recorded in Liber D of Plats on Pages 39 and 40 of the Midland County Records, said point being South 00° 46’ 16” East, 561.00 feet along the West Section line, also being the West plat line of said Harris Park Subdivision from the Northwest corner of said Section 13; thence South 00° 46’ 16” East, 1000.00 feet along the West Section line, also being said West plat line of Harris Park Subdivision; thence North 88° 39’ 00” East, 539.59 feet; thence North 43° 39’ 00” East, 114.64 feet; thence North 00° 40’ 42” West, 918.95 feet; thence South 88° 39’ 00” West, 621.32 feet, along in part the North line of Lot 153 of said Harris Park Subdivision to the Point of Beginning,

     be, and the same is hereby changed to an Office-Service 2 District.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

W & W Tool & Die, Inc. Industrial Development District Request

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

 

WHEREAS, Dennis D. Duford, the property owner, by means of a letter, including a proposed facility, dated March 20, 2000, which was received by the City Clerk on March 21, 2000, 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 May 8, 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.)

 

 

McKay Industrial Development District No. 1 Expansion Request

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

 

WHEREAS, the McKay Industrial Development District No. 1 was established at a regular meeting of the City Council held April 19, 1982; and

WHEREAS, the City Council on its own initiative, having received a letter for a proposed facility, dated March 17, 2000, which was received by the City Clerk on March 21, 2000, has requested the expansion of the McKay Industrial Development District No. 1 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 an expanded 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 May 8, 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 regarding the establishment of an expanded 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.)

 

Being no further business the meeting adjourned at 9:42 p.m.

 

 

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                                                                               Penny K. Kovacevich, City Clerk