January 28, 2002

 

 

A regular meeting of the City Council was held on Monday, January 28, 2002, 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, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Discussion – MBS International Airport Representative Appointment

Mayor Black initiated a brief discussion with the other members of the City Council concerning the appointment of the City’s MBS International Airport Commission Representative.

 

Minutes

Approval of the minutes of the January 4, 2002 special, January 14, 2002 regular, January 21, 2002 special, and January 24, 2002 special meetings was offered by Council Member Wazbinski and seconded by Council Member Currie.  (Motion adopted.)

 

50th Anniversary of Junior Achievement of Central Michigan, Inc.

Jack Duso, Assistant City Manager, introduced Ann Fillmore, Executive Director of Junior Achievement of Central Michigan, Inc.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation recognizing the 50th Anniversary of Junior Achievement of Central Michigan, Inc.  (Motion adopted.)  Mayor Black then presented the proclamation to Ms. Fillmore.

 

2001-02 Budgets & Financial Working Plans Amendment

Robert Fisher, Director of Fiscal Services, presented information on amendments to the City of Midland’s budgets and financial working plans for the 2001-02 fiscal year.  A public hearing opened at 7:36 p.m., no comments were made, the hearing closed at 7:37 p.m.   The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that 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, January 28, 2002 on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Grace A. Dow Library Fund and Downtown Development Authority Fund for the 2001-2002 fiscal year, and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Golf Course Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Data Processing Rental Fund, Equipment Revolving Fund, Service Center Rental Fund and Health Care Plan Fund for the 2001-2002 fiscal year to reduce revenue from investment earnings, and to reduce expenditures as follows:


 

 

AMOUNT OF DECREASE

GENERAL FUND REVENUE:

 

Investment Earnings

                 $  750,000

 

 

GENERAL FUND EXPENDITURES:

 

Dow Corning Tax Appeal Legal Fees

                 $  450,000

Transfers to Library Fund

                     300,000

Total

                 $  750,000

 

 

INVESTMENT EARNINGS REVENUE IN THE FOLLOWING FUNDS:

 

Major Street Fund

                 $   27,500

Local Street Fund

                        7,500

Grace A. Dow Library Fund

                        9,500

Downtown Development Authority Fund

                        9,500

Landfill Fund

                      48,500

Washington Woods Fund

                        7,500

Riverside Place Fund

                        5,500

Golf Course Fund

                      10,500

Wastewater Fund

                      24,000

Water Fund

                    141,000

Data Processing Operations Fund

                      16,500

Data Processing Rental Fund

                        6,500

Equipment Revolving Fund

                      46,500

Service Center Rental Fund

                        7,000

Health Care Plan Fund

                      55,500

 

 

LIBRARY FUND REVENUE:

 

Transfers from General Fund

                  $300,000

(Motion adopted.)

 

PUBLIC COMMENTS

William Fagley, 2700 Glendale, requested Council give the citizens an update on the Midland Cogeneration Venture tax appeal trial.  Midland City Manager Karl Tomion indicated they were not prepared to give a report at this meeting, but would get back with Mr. Fagley regarding an update. 

 

Richard McCreadie, 2700 Washington, expressed his concern over the appointment to the MBS International Airport Commission and suggested that Council take another vote on the appointment. 

 

P.I.L.O.T. for Chippewassee Court Phase I

Robert Fisher, Director of Fiscal Services, presented information regarding an ordinance amendment to provide a Payment in Lieu of Taxes (PILOT) for Chippewassee Court Phase I.  John Zimmerman, 2825 Chippewa Lane, spoke in response to a question regarding the rezoning of the area.  Mr. Zimmerman stated the area in question was currently zoned as Residential B, therefore no rezoning would take place.  Al Kiley, Assistant Director of Affordable Housing Alliance of Midland County, and William Doxie, Development Coordinator of the non-profit Michigan Capital Fund for Housing, spoke in support of the project.  John Emel, 3000 Isabella and Marsha Box, 3013 Riggie Street, spoke in opposition to the project, citing closeness of the project to residential homes in the area and safety of children living in the AHA sponsored homes.  Thomas McCann, 3310 Jefferson, indicated he was in support of granting the approval but felt that in the future, such requests should be scrutinized before approval was granted.  Greg Buchanan, 3007 Riggie Street, stated he was for affordable housing but did not believe that the location selected on Isabella Road was a good location for this project.  Council Member Griggs, a board member of the Affordable Housing Alliance of Midland County, requested that he be allowed to abstain from voting on this item.  Council unanimously agreed to the abstention.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1521

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 2-260.8 and 2-264.6, 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, Granite Club Acres #1, Chippewassee Court Phase I and the elderly portions of Charter Square and Green Hill are of this class.

Section 2.  Article XIII, Sections 2-260.8 and 2-264.6 are hereby added to read as follows:

Sec. 2-260.8.  Chippewassee Court Phase I.

    The City acknowledges that the Affordable Housing Alliance Of Midland County, a 501(c)(3) corporation (a sponsor, as defined herein) has offered, subject to 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 Chippewassee Court Phase I, located on the following described property:

Beginning at a point on the south line of Section 18, T14N, R2E, 137.10 feet west of the west 1/8 corner, thence north and parallel to the west 1/8 line 150.90 feet; thence west 97.45 feet; thence north 129.10 feet, more or less to the south line of Cone’s Subdivision, thence west 274.6 feet along the south line of Cone’s Subdivision; thence south 280 feet, more or less to the south line of Section 18; thence east along said line 372.9 feet to the place of beginning, being a part of the southwest ¼ of the southwest ¼ of Section 18, T14N, R2E, except beginning 137.10 feet west of the west 1/8 corner on the south line of Section 18, T14N, R2E, City of Midland, Midland County, Michigan; thence north and parallel to said 1/8 line 150.90 feet; thence west and parallel to said south section line 240 feet; thence south and parallel to said 1/8 line 150.90 feet; thence east 240 feet to the point of beginning.

Sec. 2-264.6.  Establishment Of Annual Service Charge For Chippewassee Court Phase I.

(A)    Annual service charge.  The housing development identified as Chippewassee Court Phase I 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.  (Ordinance adopted.  Yeas:  Black, Currie, McKeag, Wazbinski   Nays:  None    Abstained:  Griggs)

 

Proposed Expanded Northeast Pressure District Project

Noel Bush, Director of Utilities, presented information on an expanded Northeast Pressure District.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, in 1999 staff identified water pressure deficiencies in the northeast area of the City; and

WHEREAS, the estimated costs to address these deficiencies was budgeted at $600,000; and

WHEREAS, as a result of the engineering study it has been determined and recommended that an Expanded Northeast Pressure District (ENPD) project be undertaken; and

WHEREAS, the total estimated cost of the ENPD is $2,900,000, with Phase 1 cost of $1,700,000; and

WHEREAS, funding is available from the 2001-02 Water fund budget and working capital for the entire ENPD project; now therefore

RESOLVED, that the ENPD proposal be received and filed in the office of the City Clerk; and

RESOLVED FURTHER, that Phase 1 of the ENPD project be added to the 2002-03 Engineering Priorities list for consideration in the City Manager’s Proposed 2002-03 Budget.  (Motion adopted.)

 

Council took a short break at 8:58 p.m.

Mayor Black reconvened the meeting at 9:06 p.m.

 

Downtown Development Authority – White Resignation

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

 

RESOLVED, that the resignation of Fred White as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. White for his service on this important Board.  (Motion adopted.)

 

Cable Access Advisory Commission – Burd Resignation

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

 

RESOLVED, that the resignation of Nancy Burd as a member of the Cable Access Advisory Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Burd for her service on this important Commission.  (Motion adopted.)

 

Charter Communications Cable Franchise Agreement Extension

Jack Duso, Assistant City Manager, gave a presentation on the Third Amendment to the Cable Communications Franchise Agreement between the City of Midland and Charter Communications.  Council expressed a desire to meet jointly with the Cable Access Advisory Commission.  Karl S. Tomion, City Manager, will check on dates.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City of Midland, Michigan granted a non-exclusive cable television franchise agreement for a term of fifteen (15) years to Gerity Cablevision on January 30, 1984; and

WHEREAS, the City approved the transfer of the Franchise to Bresnan Communications Company Limited Partnership by resolution duly passed and adopted at a meeting of the City Council held on November 17, 1986; and

WHEREAS, on November 18, 1998 the City and Bresnan entered into a three (3) year extension of the current Franchise term with the current terms and conditions of the Franchise continuing in full force and effect, which extension shall expire on January 30, 2002, or until a renewal franchise is executed and approved, whichever occurs first; and

WHEREAS, the City approved the transfer of the Franchise from Bresnan to Charter Communications Holding Company, LLC by resolution duly passed and adopted at a meeting of the City Council held on January 10, 2000; and

WHEREAS, Charter is willing to enter into a one (1) year extension of the current Franchise term with the current terms and conditions of the Franchise continuing in full force and effect, which extension shall expire on January 30, 2003, or until a renewal franchise is executed and approved, whichever occurs first; and

WHEREAS, both the City and Charter agree to continue to negotiate in good faith concerning possible renewal of the Franchise during the aforementioned extension and to enter into a new franchise at such time that an agreement is reached; and

WHEREAS, the City and Charter agree that as a result of agreeing to extend the term of the Franchise, neither party shall be deemed to have waived any of its rights or obligations under Section 626 of the Federal Communications Act of 1934, as amended, (47 USC, Section 546) nor any of its rights or obligations under the Franchise agreement; now therefore,

RESOLVED, in consideration of the foregoing, the Mayor and City Clerk are hereby authorized to execute the attached agreement to extend the term of the Franchise by an additional one (1) year, for a total franchise term of nineteen (19) years.  (Motion adopted.)

 

Scenic Estates No. 4 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received from John A. and Judith Ann Rapanos, proprietors of Scenic Estates No. 4, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Scenic Estates No. 4 until April 1, 2003, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by February 15, 2002, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year.  (Motion adopted.)

 

Improvements to the Karl B. Robertson Bridge (M-20)

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

 

WHEREAS, on September 10, 2001 the Midland City Council unanimously approved a $40,000 contribution to the local match in support of a Michigan Department of Transportation Enhancement Grant to provide aesthetic improvements on the Karl B. Robertson Bridge; and

WHEREAS, the scope of the original submittal is being amended to retain riverbank armoring and to include pier cap planter boxes as well as a median barrier west of the bridge; and

WHEREAS, the total cost of this project is approximately $950,000; and

WHEREAS, local entities are collaborating to provide $490,000 in matching funds; and

WHEREAS, the Midland Community Foundation Entranceway Committee is requesting an increase in the City’s matching contribution from $40,000 to $60,000; now therefore

RESOLVED, that the City Council of the City of Midland recognizes the value of the proposed improvements to the Karl B. Robertson Bridge, and pledges its financial support of the project in the amount of $60,000.  (Motion adopted.)

 

Downtown Economic Enhancement Study

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

 

WHEREAS, the Midland City Council, acting upon the recommendation of the Downtown Development Authority engage the services of a professional marketing firm to prepare a Downtown Economic Enhancement Study; and

WHEREAS, the Downtown Development Authority has issued a request for proposals, interviewed competing firms, and is reviewing a service agreement with Market Insite Group for preparation of the study; and

WHEREAS, the total cost of this project is $45,000; and

WHEREAS, a portion of the cost to prepare the study may be offset by a Planning Grant from the Michigan Economic Development Corporation; and

WHEREAS, the City may apply for a maximum grant of $20,000; now therefore

RESOLVED, that the Midland City Council authorizes Karl Tomion, City Manager, to sign and submit the Michigan Economic Development Corporation grant application; and

RESOLVED FURTHER, that no local funds, or any other funds to be invested in this project, have been expended nor will be expended prior to receiving a formal grant award and written authorization to incur costs from the Michigan Economic Development Corporation.  (Motion adopted.)

 

Dow Chemical Company Tax Appeal - Rescind & Replace Resolution Dated 10/22/01 

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

 

WHEREAS, on October 22, 2001, the City Council adopted a resolution to transfer $56,140 within the 2001-2002 General Fund budget from the Appraisal Fees account in The Dow Chemical Tax Appeal activity to the Audit Fees account in The Dow Chemical Company Tax Appeal activity; and

WHEREAS, the funds should have been transferred from the Legal Fees account in the Dow Corning Corporation Tax Appeal activity not the Appraisal Fees account in The Dow Chemical Tax Appeal activity; now therefore

RESOLVED, that the resolution adopted by the City Council on October 22, 2001 is hereby rescinded; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $56,140 within the 2001-2002 General Fund budget from the Legal Fees account in the Dow Corning Corporation Tax Appeal activity to the Audit Fees account in The Dow Chemical Company Tax Appeal activity.  (Motion adopted.)

 

Barstow Airport Services Contract Amendment

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

 

WHEREAS, a report has been received from the City Engineer indicating proposed amendments to the Jack Barstow Municipal Airport Services Contract with Stephen’s Aviation Services, Inc.; and

WHEREAS, proposed amendments indicate that a two month extension to the Barstow Municipal Airport Services Contract with Stephen’s Aviation Services, Inc. is required; now therefore

RESOLVED, that the City Council hereby accepts the Second Amendment for Modification to the Jack Barstow Municipal Airport Services Contract with Stephen’s Aviation Services, Inc. and approves said contract amendment and authorizes its execution by the Mayor and City Clerk upon acceptance by Stephen’s Aviation Services, Inc.  (Motion adopted.)

 

Mark Putnam Bridge Design Engineering Services

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

 

WHEREAS, inspections of the Mark Putnam Bridge (Poseyville Road over the Tittabawassee River) have found that major rehabilitation is needed to this structure to prolong the life of said bridge; and

WHEREAS, a proposal has been received from Ayres Associates, Inc., to prepare plans and specifications for the completion of said required rehabilitation of this bridge during the 2002 construction season, at a cost not to exceed $110,000; and

WHEREAS, said services are hereby determined to be professional services, the purchase of which, in accord with Section 2-19 of the Midland Code of Ordinances, does not require sealed proposals; and

WHEREAS, funding for said project exists in the Major Street Fund and sufficient funding is available for said professional services; now therefore

RESOLVED, that the proposal received from Ayres Associates, Inc. of Midland, Michigan, with an estimated cost not to exceed $110,000.00, is hereby accepted and that the Purchasing Agent is authorized to issue a purchase order for said services.  (Motion adopted.)

 

Zoning Petition No. 481

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, February 25, 2002, 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 AN INDUSTRIAL A ZONING WHERE A BUSINESS C DISTRICT 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:

Beg 760 ft east of the intersection of the center line of the vacated New York Central right-of-way and the North/South 1/4 Line of Section 22, T14 N, R2E, City of Midland, Midland County, Michigan; thence North to the center line of James Savage Road; thence Southeasterly along said center line and centerline extended to the intersection with the center line of South Saginaw Road; thence Southeasterly along said center line to the intersection with the center line extended of the vacated New York Central right-of-way; thence west along said right-of-way to the P.O.B.

 be, and the same is hereby changed to an Industrial A 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.)

 

Job Performance Review – City Manager

Mayor Pro Tem Wazbinski reported on the job performance review conducted by Council for City Manager Karl Tomion.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $108,500 annually to $112,500 effective January 28, 2002; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

Job Performance Review – City Attorney

Mayor Pro Tem Wazbinski reported on the job performance review conducted by Council for City Attorney James O. Branson III.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that the salary of James O. Branson III, City Attorney, is amended to recognize a salary increase from $83,500 annually to $88,000 plus dental insurance effective January 28, 2002; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

Being no further business the meeting adjourned at 10:30 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk