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.
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Council members present: |
Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski |
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Council members absent: |
None |
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.
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:
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AMOUNT
OF DECREASE
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GENERAL FUND
REVENUE: |
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Investment
Earnings |
$
750,000 |
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GENERAL FUND
EXPENDITURES: |
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Dow Corning Tax
Appeal Legal Fees |
$ 450,000 |
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Transfers to
Library Fund |
300,000 |
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Total |
$
750,000 |
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INVESTMENT
EARNINGS REVENUE IN THE FOLLOWING FUNDS: |
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Major Street Fund |
$
27,500 |
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Local Street Fund
|
7,500 |
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Grace A. Dow
Library Fund |
9,500 |
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Downtown
Development Authority Fund |
9,500 |
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Landfill Fund |
48,500 |
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Washington Woods
Fund |
7,500 |
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Riverside Place
Fund |
5,500 |
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Golf Course Fund |
10,500 |
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Wastewater Fund |
24,000 |
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Water Fund |
141,000 |
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Data Processing
Operations Fund |
16,500 |
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Data Processing
Rental Fund |
6,500 |
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Equipment
Revolving Fund |
46,500 |
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Service Center
Rental Fund |
7,000 |
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Health Care Plan
Fund |
55,500 |
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LIBRARY FUND
REVENUE: |
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Transfers from
General Fund |
$300,000 |
(Motion adopted.)
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.
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)
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.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.
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Penny K. Kovacevich, City Clerk