February 12, 2001

 

A regular meeting of the City Council was held on Monday, February 12, 2001, 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.

 

Council members present:

Drummond Black, Mary Currie, Hollis McKeag

Council members absent:

John Coppage (excused), Marty Wazbinski (excused)

 

Minutes

Approval of the minutes of the January 29, 2001 regular meeting was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

MBS International Airport Video Promotional Program Presentation

Jill Liberto, Assistant Communications Coordinator, introduced Betty Owen, Director of the MBS International Airport.  Ms. Owen presented a video that will be used for a promotional program for the MBS International Airport.

 

P.I.L.O.T. for The Village of Joseph’s Run  (1st reading)

Robert Fisher, Director of Fiscal Services, presented information on an amendment to the Code of Ordinances to provide for Payment in Lieu of Taxes for The Village at Joseph’s Run.  Introduction and first reading of the following ordinance amending Chapter 2, Article XIII, of the Code of Ordinances was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-262, ARTICLE XIII OF CHAPTER 2 AND BY ADDING NEW SECTIONS WHICH SHALL BE DESIGNATED AS SECTIONS 2-260.6 AND 2-264.4, ARTICLE XIII, CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1.  Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-262.  Class of housing developments.

     It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act.  It is further determined that Grove Street Commons I, Grove Street Commons II, THE VILLAGE AT JOSEPH’S RUN, and the elderly portions of Charter Square and Green Hill are of this class.

Section 2.  Article XIII, Sections 2-260.6 and 2-264.4 are hereby added to read as follows:

Sec. 2-260.6.  THE VILLAGE AT JOSEPH’S RUN.

    THE CITY ACKNOWLEDGES THAT JOSEPH’S VILLAGE LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP (A SPONSOR, AS DEFINED HEREIN) HAS OFFERED, SUBJECT TO ALLOCATION OF TAX CREDIT FINANCING FROM THE AUTHORITY, UNDER SECTION 42 OF THE INTERNAL REVENUE CODE, AS AMENDED, TO ERECT OR OPERATE AND MAINTAIN A HOUSING DEVELOPMENT IDENTIFIED AS THE VILLAGE AT JOSEPH’S RUN, LOCATED ON THE FOLLOWING DESCRIBED PROPERTY:

PART OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTHWEST ¼, SECTION 34, T15N-R2W, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE N 00° 30’ 48” W, 1318.01 FEET, ALONG THE WEST SECTION LINE TO THE SOUTH 1/8 LINE; THENCE ALONG SAID 1/8 LINE, N 89° 54’ 40” E, 1265.93, FEET TO THE POINT OF BEGINNING; THENCE N 00° 37’ 19” W, 424.29 FEET, TO THE CENTERLINE OF JOSEPH DRIVE; THENCE ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT 82.77 FEET, HAVING A RADIUS OF 1637.02 FEET, AND A CENTRAL ANGLE OF 02° 53’ 49”, AND A CHORD BEARING AND DISTANCE OF N 88° 27’ 46” E, 82.76 FEET; THENCE ALONG SAID CENTERLINE OF JOSEPH DRIVE N 89° 54’ 40” E, 1299.84 FEET, TO THE NORTH AND SOUTH ¼ LINE; THENCE ALONG SAID ¼ LINE S 00°  37’ 19” E, 426.39 FEET, TO THE SOUTH 1/8 LINE; THENCE ALONG SAID 1/8 LINE, S 89° 54’ 40” W, 1382.59 FEET, TO THE POINT OF BEGINNING, CONTAINING 13.54 ACRES (NET 12.49 ACRES) MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS AND/OR RIGHT OF WAY WHETHER USED, IMPLIED OR OF RECORD.

Sec. 2-264.4.  ESTABLISHMENT OF ANNUAL SERVICE CHARGE FOR THE VILLAGE AT JOSEPH’S RUN.

(A)    ANNUAL SERVICE CHARGE.  THE HOUSING DEVELOPMENT IDENTIFIED AS THE VILLAGE AT JOSEPH’S RUN AND THE PROPERTY ON WHICH IT SHALL BE CONSTRUCTED SHALL BE EXEMPT FROM ALL PROPERTY TAXES FROM AND AFTER THE COMMENCEMENT OF CONSTRUCTION.  THE CITY, ACKNOWLEDGING THAT THE SPONSOR AND THE AUTHORITY HAVE ESTABLISHED THE ECONOMIC FEASIBILITY OF THE HOUSING DEVELOPMENT IN RELIANCE UPON THE ENACTMENT AND CONTINUING EFFECT OF THIS ORDINANCE AND THE QUALIFICATION OF THE HOUSING DEVELOPMENT FOR EXEMPTION FROM ALL PROPERTY TAXES AND A PAYMENT IN LIEU OF TAXES AS ESTABLISHED IN THIS ORDINANCE, AND IN CONSIDERATION OF THE SPONSOR’S OFFER, SUBJECT TO RECEIPT OF AN ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSTRUCT, OWN AND OPERATE THE HOUSING DEVELOPMENT, AGREES TO ACCEPT PAYMENT OF AN ANNUAL SERVICE CHARGE FOR PUBLIC SERVICES IN LIEU OF ALL PROPERTY TAXES.  THE ANNUAL SERVICE CHARGE SHALL BE EQUAL TO FOUR PERCENT (4%) OF THE ANNUAL SHELTER RENTS LESS UTILITIES.

(B)   LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE.  NOTWITHSTANDING SUBSECTION (A), THE SERVICE CHARGE TO BE PAID EACH YEAR IN LIEU OF TAXES FOR THE PART OF THE HOUSING DEVELOPMENT WHICH IS TAX EXEMPT AND WHICH IS OCCUPIED BY OTHER THAN LOW-INCOME PERSONS SHALL BE EQUAL TO THE FULL AMOUNT OF TAXES WHICH WOULD BE PAID ON THAT PORTION OF THE HOUSING DEVELOPMENT IF THE HOUSING DEVELOPMENT WERE NOT EXEMPT.

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

 

PUBLIC COMMENTS

William Fagley, 2700 Glendale, commented on the lack of communication regarding the sewer project and the tax appeal cases.  Mr. Fagley referred to articles that were published in the Midland Daily News about the sewer improvement project and the tax appeal cases.  Mr. Fagley felt the content of the articles was unsatisfactory. 

 

2001-02  Construction Project Priorities List

Brian McManus, City Engineer, presented information on the 2001-02 Construction Project Priorities List.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, a report has been received from the City Engineer listing the proposed construction projects for 2001-2002 which includes projects petitioned by property owners, projects recommended by the City Administration and others; and

WHEREAS, City Council has reviewed the proposed construction projects list and received comments from interested citizens; and

WHEREAS, City Council approved said proposed construction project listing for 2001-2002 and directed the administration to include funding requests for the proposed projects in the 2001-2002 budget; now therefore

RESOLVED, that the report is hereby directed to be placed on file in the City Clerk’s Office and at the Grace A. Dow Memorial Library and a map of the projects be placed in the lobby of Midland City Hall.  (Motion adopted.)

 

Amendment to Administrative Consent Order (ACO-014) -MDEQ

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, on September 1, 1999 the City entered into an Administrative Consent Order with the Michigan Department of Environmental Quality as a result of a settlement arising from allegations by the MDEQ of sewer discharge violations; and

WHEREAS, paragraph twenty-one (21) of the consent order directs the City to design and construct an overflow storage basin at the wastewater treatment plant to prevent bypasses from the collection system to water of the State as a result of peak flows caused by the 25-year storm event; and

WHEREAS, the City submitted a project plan and SRF application to MDEQ receiving approval on January 25, 2001, creating a new milestone for the City to submit approvable plans and specifications to MDEQ no later than May 24, 2001, in conflict with the original ACO deadline of February 28, 2001; and

WHEREAS, the City was asked by the MDEQ district office to formally request a modification to the ACO to match the May 24, 2001 deadline for submission of approvable plans and specifications from February 28, 2001 and received the Stipulation to Modify Administrative Consent Order from MDEQ on January 22, 2001; and

WHEREAS, all other conditions of ACO-014 shall remain unchanged and in full effect; now therefore

RESOLVED, that upon approval by the City Attorney of the stipulation to modify the ACO the Mayor and City Clerk are hereby authorized and directed to execute the attached Stipulation to Modify Administrative Consent Order changing the deadline for submission of approvable plans and specifications to May 24, 2001.  (Motion adopted.)

 

Sale of CHOICE house at 214 Bradley Court

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a new CHOICE house at 214 Bradley Court in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated February 5, 2001, was submitted by Jill S. Dennis, Mary M. Dennis, and William E. Dennis, in the amount of the appraised value of $91,704.06, including 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 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.)

 


New Streets into the Local Street System

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

           City Forest Estates Drive       from Sturgeon Avenue to Toboggan Run

           Country Walk Circle               from Peachtree Circle to the end of the cul-de-sac

           Mark Twain Drive                    from west line to east line of Ashford Estates No. 1

           Peachtree Circle                     from Shirewood Lane to the end of the cul-de-sac

           Powder Horn Trail                   from Trail Ridge Drive to north line of Foxfire No. 1

           Shirewood Lane                      from Stillwater Lane to east line of Scenic Estates No. 6

           Stillwater Lane                        from south line of Scenic Estates No. 6 to Shirewood Lane

           Toboggan Run                        from City Forest Estates Drive to the end of the cul-de-sac

           Trail Ridge Drive                     from Heritage Court to east line of Foxfire No. 1

           Trail Ridge Drive                     from Woodduck Way to east line of Foxfire No. 1

           Woodduck Way                      from west line of Foxfire No. 1 to Trail Ridge Drive

; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public right-of-ways under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes.  (Motion adopted.)

 

2000 Saginaw-Midland Municipal Water Supply Corporation Annual Report

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2000 Annual Report, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Amendment to Flexible Spending Account Plan

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that Amendment Number One to the City of Midland Flexible Spending Plan effective January 1, 2001, is hereby approved and adopted and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said amendment to the Plan Administrator; and

RESOLVED FURTHER, that the Plan Administrator shall act as soon as possible to notify employees of the adoption of the Amendment Number One to the City of Midland Flexible Spending Plan by delivering to each employee a copy of the summary description of the changes to the Plan in the form of the Summary Plan Description – Material Modifications.  (Motion adopted.)

 

Proposed Industrial Development District – CKS Enterprises

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, CKS Enterprises, the property owner, by means of a letter, including a proposed facility, dated January 29, 2001, which was received by the City Clerk on January 31, 2001, 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 March 5, 2001 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.) 

 

Proposed 2000-01 CDBG Budget Amendment

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that notice has hereby given that a public hearing will be held by the Midland City Council on Monday, March 5, 2001, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering amendments to the Community Development Block Grant Budget for the City of Midland for fiscal year 2000-01 by transferring $40,000 to the Housing Rehabilitation Program for lead-safe house rehabilitation as follows:

            1.         From the Weatherization Program                             $10,000

            2.         From Purchase/Rehab/Sale                                         30,000

(Motion adopted.)

 

Payment to MDOT for Mediated Settlement (LaMar OCI North Corp. for Billboard Sites)

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the City Council hereby authorizes Miller, Canfield, Paddock and Stone to accept a mediated settlement with respect to claims for just compensation by the billboard company, Lamar OCI North Corporation, for five billboard sites it maintained on the property acquired for the Bay City Road Interchange right of way; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized and instructed to make payment not to exceed $150,000 to the Michigan Department of Transportation upon receipt of an invoice as a result of acceptance of the mediated settlement.  (Motion adopted.)

 

Being no further business the meeting adjourned at 8:05 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk