March 5, 2001

 

A regular meeting of the City Council was held on Monday, March 5, 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, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the February 19, 2001 regular and February 20 and 26, 2001 special meetings was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

Parenting Awareness Month

Jill Liberto, Assistant Communications Coordinator, introduced Ms. Chris Walter, Parent Resources and Safe & Drug-Free Schools Coordinator for the Midland County Educational Service Agency.  Ms. Walter spoke in support of a proclamation proclaiming Parenting Awareness Month in Midland.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March as Parenting Awareness Month in Midland.  (Motion adopted.)  Mayor Black then presented Ms. Walter with the proclamation.

 

CKS Enterprises Industrial Development District

Roger Elbers, Deputy Assessor, presented information on a request to establish an Industrial Development District No. 1 for CKS Enterprises.  A public hearing opened at 7:09 p.m.  Rodney Kloha, partner of CKS Enterprises and Christine Greves, Economic Development Manager for the Midland Economic Development Council, spoke in support of the request.  The hearing closed at 7:14 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, CKS Enterprises as owner of the property located at 4300 James Savage Road in the City of Midland, on January 29, 2001, requested it be designated an Industrial Development District with the proposed district being described as follows:

Beginning at a point on the centerline of James Savage Road which is east 661.60 feet along the north section line and south 456.33 feet from the north ¼ corner of Section 24.  Thence south 645.96 feet, east 300 feet, north 653 feet more or less to the centerline of James Savage Road, west 300 feet along the centerline of James Savage Road to the point of beginning.  Section 24 Town 14 North Range 2 East

; and

WHEREAS, the request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on March 5, 2001, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of CKS Enterprises for the establishment of this Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as the CKS Enterprises Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion adopted.)

 

CDBG Budget Amendment – Lead-Safe Housing Rehabilitation

Jon Lynch, Director of Planning and Community Development, presented information on a request to amend the 2000-01 Community Development Block Grant budget.  A public hearing opened at 7:24 p.m., no comments were made, the hearing closed at 7:25 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that a public hearing has been advertised to consider amending 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; now therefore

RESOLVED, that the Community Development Block Grant Budget is hereby amended by transferring funds to 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.)

 

Downtown Development Authority District Boundary Expansion

Jon Lynch, Director of Planning and Community Development, presented information on a request to amend the boundary of the Downtown Development Authority district.  A public hearing opened at 7:27 p.m., no comments were made, the hearing closed at 7:28 p.m.  The following ordinance amending the boundary was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

ORDINANCE NO. 1495

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 30-5 OF CHAPTER 30 FOR THE PURPOSE OF CHANGING THE BOUNDARY OF THE DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT.

The City of Midland Ordains:

Section 1.  Sec. 30-5 of Chapter 30 of the Code of Ordinances of the City of Midland is hereby amended to read as follows:

Sec. 30-5.  Description of Downtown District.

        The Downtown District in which the Authority shall exercise its powers as provided by Act 197 shall consist of the property in the City described as follows:

That area located in the Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of Section 21, and the Northeast 1/4 of Section 20, bounded by West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the “Tridge,” and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11, and 12 of Block 35, Carpenter and Hines Addition, all within the City of Midland, Midland County, Michigan,

subject to such changes as may hereinafter be made pursuant to this ordinance and Act 197.

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

 

PUBLIC COMMENTS

No comments were made.

 

Ordinances Amending Fees for Recreation Programs

Martin McGuire, Director of Public Services, presented information on ordinance amendments to adjust fees for the Civic Arena and Golf Course.  The Parks and Recreation Commission reviewed and recommended the adjustments as presented in the ordinances.  Paul Handt, 5101 Highridge Court, commented that the 8 and 9% increase for pass holders seemed high, he stated he was pleased with improvements that have been made to the golf courses and he would like to see the charge for winter play eliminated next year.  The following two ordinance amendments were then presented for consideration.

 

Civic Arena Fees – Ordinance Amendment  (1st reading)

Introduction and first reading of the following ordinance amending fees for the Civic Arena was offered by Council Member Wazbinski 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 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as           follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                        DIVISION 1.  CIVIC ARENA

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

               (1)     Individual Ice Skaters                        $       2.50     per session

               (2)     Skating Pass (25 Admissions)         $     50.00     per pass

               (3)     Skate Rental                                     $       1.50     per session

               (4)     Rink Rental                                       $   109.00    112.00 per hour

               (5)     Rink Rental (M-F, 8am-2pm)           $     80.00     per hour

               (6)     Summer Rink Rental                        $   125.00    129.00 per hour

               (7)     Non-Ice Rental (Full Building)           $1,250.00     per day

               (8)     Non-Ice Rental (1/2 Building)            $   625.00     per day

               (9)     Non-Ice Rental (1/4 Building)            $   350.00     per day

Section 2.        This Ordinance shall take effect on March 20, 2001.

(Motion adopted.  Considered first reading.)

 

Golf Course Fees – Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amending fees for the golf course was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                      DIVISION 2.  GOLF COURSE

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

  (1)      Regular: 9-hole                                                           $      9.25          9.50    per play

  (2)      Regular: 18-hole                                                         $    16.50        17.00    per play

  (3)      Senior: 9-hole (7:00 a.m .- 3:00 p.m., M - F)             $      6.25          6.50    per play

  (4)      Senior: 18-Hole (7:00 a.m .- 3:00 p.m., M - F)           $    11.00        11.25    per play

  (5)      Twilight golf                                                                $      6.25          6.50    per play

  (6)      Winter rate (November 1 – March 1)                         $      5.00                    per day

  (7)      Regular: Par 3                                                            $      4.50                    per play

  (8)      Senior and youth: Par 3                                             $      3.00                    per play

  (9)      20-play pass                                                               $  175.00      180.00    per pass

(10)      Regular: Single season pass                                     $  415.00      450.00    per pass

(11)      Regular: Double season pass                                   $  660.00      720.00    per pass

(12)      Senior: Limited and league single season pass        $  325.00      350.00    per pass

(13)      Senior: Limited and league double season pass       $  490.00      530.00    per pass

(14)      Senior: Limited single season pass                           $  275.00      300.00    per pass

(15)      Senior: Limited double season pass                         $  440.00      480.00    per pass

(16)      Trail Fee (Private carts, when owner or members
      of immediate family is present)
      9-Hole                                                                         $      1.00                    per play

            18-Hole                                                                       $      2.00                    per play

            Season Pass                                                             $    90.00                    per pass

Section 2.        This Ordinance shall take effect on March 20, 2001.

(Motion adopted.  Considered first reading.)

 

Library Board Ordinance

Melissa Barnard, Grace A. Dow Memorial Library Director and Anne Harding-Moe, a member of the Library Board, requested that Council consider a request to establish the library board as an advisory board to City Council.  Mayor Black and Council Member Wazbinski suggested that the “duties” list be reviewed further.  Council Member Wazbinski, seconded by Council Member McKeag, moved the following resolution to postpone the ordinance amendment until April 9, 2001:

 

RESOLVED, that introduction and first reading of the ordinance to establish the Library Board is hereby postponed to be presented to Council no later than April 9, 2001, at 7:00 p.m.   (Motion adopted.)

 

Storm Sewer Design Program Report

Jack Duso, Assistant City Manager, presented a report prepared by city staff on the Storm Sewer Design Program.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City Council made a commitment to undertake a separate storm sewer study should the Sanitary Sewer System Improvement ballot proposal be approved by the voters; and

WHEREAS, that ballot issue was subsequently approved; and

WHEREAS, the City Council directed that the staff resume the storm sewer study in March 2001; and

WHEREAS, the City Council has received the attached Report on the Storm Sewer Design Program that makes various recommendations concerning a new study of the City’s storm sewer system; now therefore

RESOLVED, that the attached Report to the City Council on Storm Sewer Design Program, dated March 2001, is hereby received and filed; and

RESOLVED FURTHER, that a public hearing be scheduled on this report for the April 23, 2001, City Council meeting.  (Motion adopted.)

 

Site Plan No. 200 – Danberry Place Townhouses

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 200 – Danberry Place Townshouses on the north side of Universal Drive west of Hedgewood Drive.  The following resolution was then offered by Council Member Currie and seconded by Council Member Coppage:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 200, the request of Jeffery and Shelly Weckesser for site plan review and approval of Danberry Place Townhouses, a residential development of 12 dwelling units on 1.96 acres on the north side of Universal Drive west of Hedgewood Drive, contingent on the following:

 

1.   The structure height shall not exceed 28 feet.

2.   The private street shall be named Danberry Court.

3.   Site lighting shall adequately illuminate the street and building entrances, while not casting light off-site.

4.   The sanitary sewer main shall be relocated to the east side of the private drive so the water and sewer mains do not cross; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 200, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 200, in accord with the drawing dated as received February 9, 2001, subject to the contingencies listed above.  (Motion adopted.)

 

2001 Sidewalk Improvement Program

Brian McManus, City Engineer, presented a report that would initiate the 2001 Sidewalk Improvement Program.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

            Bauss Court (both sides)            Sharon Road to end of court

            Claremont Street (west side)      Wheeler Street to end of existing sidewalk

            Sterling Court (both sides)          Siebert Street west to end of existing sidewalk

            Ottawa Street (both sides)          Seminole Court to Meadowbrook Drive

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan.  (Motion adopted.)

 

Easements – Property between the Midland Civic Arena and Community Center

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

 

WHEREAS, the City of Midland and the Midland Community Center have been working together to resolve land issues lying adjacent to the Midland Civic Arena and the Midland Community Center and that the following documents have been prepared to resolve said issues:

a)      Storm Sewer and Water Main Easement from the Midland Community Center to the City of Midland over vacated George Street

b)      Deed of Easement from the City of Midland to the Midland Community Center for parking purposes

c)      Partial Release of Easement from the City of Midland to the Midland Community Center for parking purposes (recorded in L.424, P. 530-531)

d)      Partial Release of Easement from the City of Midland to the Midland Community Center for parking purposes (recorded in L. 434, P. 1435-1436)

;now therefore

RESOLVED, that the attached documents as listed above between the City of Midland and the Midland Commumity Center for property lying adjacent to the Midland Civic Arena and the Midland Community Center in Section 16, T. 14 N., R. 2 E., are hereby accepted and that the documents ordered recorded.  (Motion adopted.)

 

Preliminary Plat of City Forest Estates Subdivision - Extension

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

 

WHEREAS, at its meeting on March 8, 1999, the City Council did give final approval to the Preliminary Plat of City Forest Estates Subdivision, in accord with Section 23-15 of the Code of Ordinances of the City of Midland; and

WHEREAS, a letter has been received from Robert J. Kinnun, Vice President of Wiskin Development, Inc., proprietor of said subdivision, requesting extension of the time of approval for the Preliminary Plat of City Forest Estates Subdivision; now therefore

RESOLVED, that the City Council hereby extends the time of approval for the Preliminary Plat of City Forest Estates Subdivision to March 5, 2002, in accord with Section 23-15 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall notify the Midland County Drain Commissioner, the Midland County Department of Public Health, and the Michigan Department of Environmental Quality of the time extension.  (Motion adopted.)

 

Construction of SprayGround

Martin McGuire, Director of Public Services, presented information on the construction of a SprayGround, a unique design of water features on a flat surface designed for free play for the Tridge area.  The Gerstacker Foundation has approved a grant for $177,270 for the construction of the SprayGround.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, the Rollin M. Gerstacker Foundation has granted to the City $177,270 for the purpose of building a water play area, known as a sprayground, in the Tridge area; and

WHEREAS, the Parks and Recreation Commission has approved the concept of the sprayground as being consistent with the overall development of the area; now therefore

RESOLVED, that the City of Midland graciously accepts the generous grant of $177,270 from the Rollin M. Gerstacker Foundation; and

RESOLVED FURTHER, that the City Council authorizes construction of the sprayground.  (Motion adopted.)

 

Assignment of Hangar Land Lease Interest – Hangar Site 03N

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

 

WHEREAS, an assignment and acceptance of lessee’s interest in lease agreement from Walter Patten to James Rieke has been received to transfer lease rights of Hangar 03N at Jack Barstow Airport; and

WHEREAS, Mr. James Rieke is sole owner of Hangar 03N at Barstow Airport and desires to transfer the existing land lease in his name; now therefore

RESOLVED, that the City Council approves the transfer of the Hangar Land Lease Interest for Site 03N from Walter Patten to James Rieke and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City.  (Motion adopted.)

 

Assignment of Hangar Land Lease Interest – Hangar Site 01C

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

 

WHEREAS, an assignment and acceptance of lessee’s interest in lease agreement from Valerie Smith to James Dobben has been received to transfer lease rights of Hangar 01C at Jack Barstow Airport; and

WHEREAS, Mr. James Dobben is sole owner of Hangar 01C at Barstow Airport and desires to transfer the existing land lease in his name; now therefore

RESOLVED, that the City Council approves the transfer of the Hangar Land Lease Interest for Site 01C from Valerie Smith to James Dobben and authorizes the Mayor and City Clerk to sign the agreement on behalf of the City.  (Motion adopted.)

 

Confirmation of DDA Appointment

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of Ann Beck to the Downtown Development Authority for a term to expire May 1, 2005.  (Motion adopted.)

 

Emerson Park Field #3 Lighting Upgrade

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for a lighting upgrade to Emerson Park field #3, Bid No. 2441; and

WHEREAS, funding in the amount of $65,000 is included in the 2000-01 general fund budget for Parks and Recreation Capital Outlay, Land Improvements; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Blasy Electric of Midland, Michigan in the amount of $54,000 in accordance with the proposal and city specifications.  (Motion adopted.)

 

DART – Transportation Coordinator and Intent to Apply for Operating Assistance

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

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Midland to provide a local transportation program for the state fiscal year 2002 and, therefore apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the 10c (18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $604,666 in state operating assistance funds; an estimated $150,479 in federal 49 USC 5311 operating assistance funds; and an estimated $163,500 in federal USC 5309 capital assistance for state fiscal year 2002; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  (Motion adopted.)

 


DART – Authorization to Execute Contracts of $20,000 or Less

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

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and

WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 2002 for Passenger Transportation related services; and

WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 2001 to September 30, 2002.  (Motion adopted.)

 

Shrine Parade on August 25, 2001

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

 

RESOLVED, that the request of the Elf Khurafeh Shrine Temple, Michigan Pine Ticks, Hillbilly Clan #55, to conduct a Shrine Parade on Saturday, August 25, 2001, utilizing the public right of way for approximately one hour beginning at 1:00 p.m. is hereby approved subject to the following conditions:

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests for the event provided it is conducted in substantially the same manner.  (Motion adopted.)

 

Contracted Legal & Appraisal Services – City’s Defense in Tax Appeals

James Branson, City Attorney, presented information to Council on a request to approve payment of contracted legal and appraisal services relating to the City’s defense in the Midland Cogeneration Venture, Dow Corning Corporation and The Dow Chemical Company’s appeals to the Michigan Tax Tribunal. 

 

Council Member Wazbinski, an employee of the Dow Corning Corporation, requested that he be allowed to abstain from participating on Agenda Item 19a and 19b involving the Dow Corning Corporation.  Council unanimously agreed to the abstention.

The following four resolutions were then presented for consideration.

 


Contracted Legal Services – Dow Corning & Dow Chemical Tax Appeals

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999 and 2000 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, 1999 and 2000 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 October 9, 2000, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $1,600,000; and

WHEREAS, the cost of continuing said legal 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 payment to the law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $2,180,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $485,000 within the 2000-2001 General Fund budget from the Appraisals account in the MCV Tax Appeal activity to the Legal Expenses account in the Dow Corning Corporation Tax Appeal activity.  (Motion adopted.  Yeas:  Black, Coppage, Currie, McKeag   Nays:  None   Abstained:  Wazbinski)

 

Contracted Appraisal Services – Dow Corning & Dow Chemical Tax Appeals

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999 and 2000 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999 and 2000 assessment and taxable value of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates and Baker & O’Brien have been retained by the City of Midland to provide appraisal reports of the aforementioned properties; and

WHEREAS, on October 9, 2000, the City Council authorized payment to said appraisal firms for their services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in a total amount not to exceed $3,675,000; 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; 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 payment to the appraisal firms of Max Derbes & Associates and Baker & O’Brien for appraisal services in connection with the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company assessment appeals is hereby authorized in an amount not to exceed $4,355,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $325,000 within the 2000-2001 General Fund budget from the Appraisals account in the MCV Tax Appeal activity to the Appraisals account in the Dow Corning Corporation Tax Appeal activity.  (Motion adopted.  Yeas:  Black, Coppage, Currie, McKeag    Nays:  None   Abstained:  Wazbinski)

 


Mayor Black, a partner in the firm of Riecker, VanDam, Barker & Black, P.C., stated his law firm has represented the Midland Cogeneration Venture in a variety of legal matters and requested that he be allowed to abstain from participating on Agenda Items 20a and 20b.  Council unanimously agreed to the abstention.  Mayor Black handed the gavel to Marty Wazbinski, Mayor Pro tem, who then assumed the chair.

 

Contracted Legal Service – MCV Tax Appeal

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid have been utilized in assisting the City of Midland in its legal defense of said appeal; and

WHEREAS, on December 20, 1999, Council authorized payments to Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for the aforementioned services in a total amount not to exceed $750,000; and

WHEREAS, the cost of 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, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2000-2001 General Fund Budget; now therefore

RESOLVED, all of the above-referenced 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 authorization for payment to the law firms of Braun, Kendrick, Finkbeiner, P.L.C., Westrate and Holmstrom, P.C. and also Spiegel & McDiarmid for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $950,000.  (Motion adopted.  Yeas:  Coppage, Currie, McKeag, Wazbinski   Nays:  None  Abstained:  Black)

 

Contracted Appraisal Services – MCV Tax Appeal

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999 and 2000 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 Walsh and Associates, Inc. has been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on November 13, 2000, Council authorized payments to Walsh & Associates, Inc. for the aforementioned services in a total amount not to exceed $200,000; and

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

WHEREAS, on December 20, 1999, Council authorized payments to George E. Sancoucy, P.E. for the aforementioned services in a total amount not to exceed $500,000; and

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

WHEREAS, on April 24, 2000, Council authorized payments to A. A. Schoenwald Associates, Inc. for the aforementioned services in a total amount not to exceed $150,000; and

WHEREAS, the appraisal firm of Whitfield Russell Associates has also 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 or amounts previously approved, and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2000-2001 General Fund Budget; now therefore

RESOLVED, all of the above-referenced 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 authorization for payment to the appraisal firms of Walsh & Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $1,355,000.  (Motion adopted.  Yeas:  Coppage, Currie, McKeag, Wazbinski   Nays:  None   Abstained:  Black)

 

Mayor Black returned to the Chair. 

 

Board of Review Compensation

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

 

WHEREAS, the City of Midland’s Board of Review is authorized by Section 12.7 of the City Charter; and

WHEREAS, said Board of Review meets in session in March of each year to hear valuation appeals and hardship exemptions, and in July and December of each year to correct clerical errors, mutual mistakes of fact, and hear hardship exemptions and homestead exemptions; and

WHEREAS, it is necessary to compensate said Board of Review members for their services; now therefore

RESOLVED, that each member of the City of Midland Board of Review shall receive the sum of fifty dollars ($50) for each segment attended; and

RESOLVED FURTHER, that a segment shall be defined as a morning, afternoon or evening meeting or training session of four hours or less; and

RESOLVED FURTHER, that each member’s compensation shall be limited to one hundred dollars ($100) in any one day.  (Motion adopted.)

 

Zoning Petition No. 473

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 9, 2001, 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; and

RESOLVED FURTHER, that all property owners within four hundred (400) feet of the area proposed to be rezoned shall be notified by mail prior to the date of the hearing.

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 A RESIDENTIAL A-4 CLASSIFICATION WHERE TOWNSHIP 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: A part of Section 31, T15N, R2E, Midland County, Michigan, described as:  Commencing at the center of said Section 31, thence North 105 feet, East 220 feet, South 105 feet, West 220 feet to the Point of Beginning,

be, and the same is hereby changed to a Residential A-4 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.)

 

Zoning Petition No. 474

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 9, 2001, 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; and

RESOLVED FURTHER, that all property owners within four hundred (400) feet of the area proposed to be rezoned shall be notified by mail prior to the date of the hearing.

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 A BUSINESS C CLASSIFICATION WHERE TOWNSHIP 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: Beginning at a point 1155 feet North of the Southeast Section corner of Section 33, T15N, R2E, Midland County, Michigan; thence West 264 feet, North 165 feet to the South 1/8 line, West 80 feet, South 283.5 feet, East 80 feet, South 165 feet, West 175 feet, South 234 feet, East along the Northerly right-of-way line of the US-10 service drive to the East line of Section 33, North to the Point of Beginning,

be, and the same is hereby changed to a Business C 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.)

 

NEW BUSINESS

Council Member Coppage encouraged a false alarm recommendation presentation.  Council directed City Manager Karl Tomion to present a report to Council on false alarms after the 2000/01 fiscal year ends. 

 

Being no further business the meeting adjourned at 9:59 p.m.

 

 

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            Penny K. Kovacevich, City Clerk