April 22, 2002

 

A regular meeting of the City Council was held on Monday, April 22, 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

 

Minutes

Approval of the minutes of the April 8, 2002 special and regular and April 15 and 16, 2002 special meetings was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

NOTE:  BECAUSE OF THE LARGE AUDIENCE COUNCIL AGREED TO TAKE UP AGENDA ITEMS THAT CONCERNED THE MAJORITY OF THE AUDIENCE FIRST.  FOR THE PURPOSE OF TRANSCRIBING THE MINUTES AND FOR THE EASE OF FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA, NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.

 

Midland Concert Band Proclamation of Recognition

Selina Tisdale, Community Relations Coordinator, introduced Susan Asher a member of Midland’s Concert Band.  The Midland Concert Band has the honor of performing at the American Association of Concert Bands Convention to be held in Fairfax, Virginia on April 24 and 25, 2002.  The following resolution was offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation of recognition in honor of the Midland Concert Band’s upcoming performance at the American Association of Concert Bands Convention.  (Motion adopted.)  Mayor Black presented Ms. Asher with a Proclamation of Recognition for this honor.

 

Zoning Petition No. 485

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 485 – rezoning property south of East Lyon Road, north of the railroad tracks and both east and west of Jefferson Avenue from Business C to Industrial A.  Mr. Phil Smith, the petitioner, currently owns and operates a nonconforming assembly and fabrication shop from his residential garage.  A public hearing was opened at 7:29 p.m.  Phil Smith, the petitioner, 1005 Third Street, requested Council consider his request for rezoning.  Herman Swantek, 1006 Third Street, Donald Blasy, 406 Richard Court and owner of a business at 1012 Jefferson, James Geisler, 5813 Sturgeon Avenue and owner of a business on Third Street, Thomas McCann, 3310 Jefferson and Ted Frantz, 1901 E. Sugnet, owner of property at 1003 and 1007 Jefferson and 1004 Third Street, all spoke in support of the rezoning.  Buster Cuvelier, 515 McDonald and Irene Wallace, 819 Third Street, spoke in opposition to the rezoning citing safety concerns.  The hearing closed at 7:58 p.m.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1532

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 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:

Beginning at the intersection of the section line common to Sections 21 and 22, T14N R2E with the center line of Lyon Road; thence Easterly 579 feet along the center line of Lyon Road; thence South to the center line of Wexford Street; thence West along the centerline of Wexford Street, to said section line, thence South along said section line to a point 20 feet South of the North line of the abandoned railroad right of way; thence Westerly and Northerly along a curve which is 20’ South of and parallel to the North line of the abandoned railroad right-of-way, to the center line of Lyon Road; then Northerly and Easterly along the center line of Lyon Road, to the point of beginning.

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

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.  (Ordinance adopted.  Yeas:  Black, Griggs, McKeag, Wazbinski    Nays:  Currie)

 

Zoning Petition No. 486

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 486 – rezoning property at 3100 Isabella Street from Residential A-1 to Residential B.  The petitioner of the request was the Affordable Housing Alliance of Midland County (AHA).  A public hearing was opened at 8:22 p.m.  Derwin Bass, 4406 Hampshire, President of Affordable Housing Alliance of Midland County and Al Kiley, 4112 Jefferson, Director of AHA, gave a brief overview of the proposed project and spoke in support of the rezoning. 

Council Member Griggs, a board member of Affordable Housing Alliance of Midland County, requested that he be allowed to abstain.  Council unanimously agreed to the abstention. 

Jerry Hall, 805 Wildes Street, spoke in support of the rezoning.  Thomas McCann, 3310 Jefferson, stated he had no real concern but had comments on the room allowed for the playground and questioned the request for the Residential B rezoning.  Mr. McCann cited safety concerns for the children living in this complex.  The hearing closed at 8:30 p.m.  John Zimmerman, 2825 Chippewa Lane, indicated that AHA would petition the State of Michigan for a traffic light at Vance and Isabella Street.  Thomas McCann, 3310 Jefferson, commented the distance between the sidewalk and Isabella Street is only about three feet and again expressed his safety concern for children living in the complex.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1533

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 B ZONING WHERE A RESIDENTIAL A-1 ZONING PRESENTLY EXISTS.


The City of Midland Ordains:

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

Commencing 1437 feet East of the SW Corner Government Lot 9, Sec 18, thence North 264 feet, East 165 feet, South 264 feet, West 165 feet to the P.O.B. and also beginning 45 feet East of the Southwest corner of Lot 169 of Cones Subdivision, then North 38 feet, West 165 feet, South 38 feet, East 65 feet to the P.O.B. (parcel code 14-18-50-022); and also beginning 1602 feet East of the SW Corner of Government Lot 9, Sec 18, thence East 3.55 feet, North 264 feet, West 3.55 feet, South 264 feet to the P.O.B. 

 be, and the same is hereby changed to a Residential B.

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.  (Ordinance adopted.  Yeas:  Black, Currie, McKeag, Wazbinski   Nays:  None   Abstained:  Griggs)

 

Mayor Black called for a short recess at 8:47 p.m.

Mayor Black reconvened the meeting at 8:54 p.m.


Zoning Petition No. 487

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 487 – rezoning properties north of N. Saginaw Road and west of Stark Road from Township Zoning to Business C, Office Service 2 and Residential A-1.  A public hearing opened at 11:04 p.m., no comments were made, the hearing closed at 11:05 p.m.  The following ordinance amendment was then offered by Council Member Griggs and seconded by Council Member Currie:

 

ORDINANCE NO. 1534

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, OFFICE SERVICE 2 AND RESIDENTIAL A-1 ZONING WHERE A HOMER 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:

Begin at the intersection of the North line of Section 2 T14N, R1E, City of Midland, Midland County, Michigan, and the Southerly right of way line of Eastbound U.S. 10 outrun; thence Southeasterly along said right of way line to the East line of said Section 2; thence South along said East line to the intersection of the extended center line of relocated Wackerly Road; thence Northwesterly along said center line to the intersection of the North line of said Section 2; thence East along the North line to the point of beginning.

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

Commencing 513 feet South of the North 1/8 corner on the East section line of Section 2, T14N R1E, City of Midland, Midland County, Michigan; thence North 85 degrees 32 minutes West 133 feet; thence North 60 degrees West 198.45 feet; thence North 184.24 feet; thence West 142 feet; thence South 260 feet; thence Southeast along the North right of way line of North Saginaw Road 534.15 feet; thence North 284.45 feet to point of beginning.

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

 Beginning at the Northwest corner of the Northeast quarter of the Northeast quarter of     Section 2, T14N R1E, City of Midland, Midland County, Michigan; thence East along  the North section line to the intersection with the center line of Wackerly Road; thence  Southeasterly along the said center line and the center line extended to the East line of Section 2; thence South along the East line to a point 513 feet South of the North 1/8 corner; thence North 85 degrees 31 minutes West 133 feet; thence North 60 degrees West 198.45 feet; thence North 184.24 feet; thence West 142 feet; thence North to a point 514 feet West and 150 feet South of the North 1/8 corner on the East section line of Section 2; thence West 134 feet, thence North 150 feet to the North 1/8 line, thence West along the North 1/8 line to the East 1/8 line; thence North along the East 1/8 line to the point of beginning.

be, and the same is hereby changed to a Office Service 2.

Commencing 581 feet West and 150 feet South of the North 1/8 corner of Section 2, T14N R1E, City of Midland, Midland County, Michigan; thence East 134 feet; thence south 352.85 feet, thence Northwest 160 feet, thence North 264.6 feet to the point of beginning.

be, and the same is hereby changed to a Residential A-1.

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.  (Ordinance adopted.)

 

Zoning Petition No. 488

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 488 – rezoning property east of N. Eastman Road, north and south of Commerce Drive, east and west of Commerce Court from Township Zoning to Business B-2 and Business C.  A public hearing was opened at 11:07 p.m., no comments were made, the hearing closed at 11:08 p.m.  The following ordinance amendment was then offered by Council Member Griggs and seconded by Council Member Currie:

 

ORDINANCE NO. 1535

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 B-2 AND BUSINESS C ZONING WHERE A LARKIN 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:

Begin at the Northwest Corner of Section 33, T15N, R2E, City of Midland, Midland County, Michigan; thence East along the North Section Line 308 feet, thence South parallel to, and 308 ft East of the West Line of said section to the center line of Commerce Drive, thence East along said center line to the center line extended of Commerce Court; thence South along said center line to the Southerly right of way line of Commerce Court; thence Northwesterly along the arc of a curve to the right having a radius of 50.45 feet to a point 944 feet South and 594 feet East of the Northwest corner of said Section 33; thence West 594 feet to the West Section Line, thence North 944 feet to the point of beginning.

Be, and the same is hereby changed to a Business B-2.

Begin 308 feet East of the Northwest Corner of Section 33, T15N, R2E, City of Midland, Midland County, Michigan, thence East along the North Section Line 662 feet; thence South 1195.84 feet; thence North 69 degree 09 minutes 32 seconds west 309.91 feet; thence Southwesterly along the arc of a curve to the right having a radius of 50.40 feet to the extended center line of Commerce Court; thence North along said center line to the center line of Commerce Drive; thence West along said center line to a point 308 feet East of the West section line; thence North parallel to and 308 feet East of the West Section Line to the point of beginning.

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

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.  (Ordinance adopted.)

 

2001-02 CDBG Budget Amendment

Jon Lynch, Director of Planning and Community Development, presented information on an amendment to the 2001-02 Community Development Block Grant Budget.  Council Member Griggs, a board member of the Affordable Housing Alliance of Midland County, indicated that he should probably abstain.  Mayor Black indicated if the issue appeared to be critical he would then call for Council Member Griggs vote.  A public hearing opened at 10:15 p.m.  Barbara Panian, Manager of Washington Woods, spoke in support of the amendment that would transfer $75,000 to Washington Woods.  Ms. Panian indicated the funds would be used to repair elevators in the Washington Woods Senior Citizen complex.  Al Kiley, Director of Affordable Housing Alliance of Midland County, spoke in support of the amendment that would transfer $125,000 to Affordable Housing Alliance (Isabella Street property), the funds would support on-site utilities, structure demolition, site fill to accommodate storm sewer, and site lighting for the 3100 Isabella Street project.  Thomas McCann, 3310 Jefferson, questioned the transfer of funds for the Affordable Housing Alliance of Midland County and requested that he be allowed to audit AHA books.  Mr. McCann indicated he had no objections to Council approval if Mr. Kiley was willing to work with him.  Jon Lynch, Director of Planning and Community Development, stated that all CDBG funds are handled through the municipality, each contractor working on a CDBG project must invoice the City before funds will be released.  The hearing closed at 10:32 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 2001-02 by allocating funds for Washington Woods elevator repairs and the Affordable Housing Alliance (Chippewassee I project); now therefore

RESOLVED, that the Community Development Block Grant Budget is hereby amended by transferring funds as follows:

Transfer from:                                                               Amount

Midland Economic Development Council                   $100,000

                        Rehab. of 1112 Michigan Street                                     75,000

Affordable Housing Alliance                                            25,000

      (Granite Club Acres)        

TOTAL                                                                        $200,000

Transfer to:

Washington Woods - Elevators                                 $ 75,000

Affordable Housing Alliance                                          125,000

                                    (M-20 property)

                        TOTAL                                                                        $200,000

(Motion adopted.)  (Motion adopted) Yeas:  Black, Currie, McKeag, Wazbinski  Nays:  None  Abstained:  Griggs

 

2002-03 CDBG Budget

Jon Lynch, Director of Planning and Community Development, presented information on the proposed Community Development Block Grant Budget for fiscal year 2002-03.  A public hearing opened at 10:36 p.m.  Al Kiley, Director of the Affordable Housing Alliance of Midland County, spoke in support of the proposed budget.  The hearing closed at 10:38 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City of Midland will receive $336,000 in Community Development Block Grant funds for fiscal year 2002-03; and

WHEREAS, an anticipated fund balance of $218,000 will be carried over into the fiscal year; and

WHEREAS, $80,000 is expected to be received in program income during the fiscal year; and

WHEREAS, a public hearing was held by the City Council on April 22, 2002, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 2002-03 Community Development Block Grant Program, as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2002-03 budget, as set forth in the attached table, for the proposed use of funds for the Community Development Block Grant Program.  (Motion adopted.)  (Motion adopted)  Yeas:  Black, Currie, McKeag, Wazbinski  Nays:  None   Abstained:  Griggs

 

Mayor Black called for a short recess at 10:37 p.m.

Mayor Black reconvened the meeting at 10:45 p.m.

 

Proposed 2002-03 City of Midland Budget

David Keenon, City Controller, presented a brief overview of the Proposed 2002-03 City of Midland Budget prior to the public hearing.  A public hearing was opened at 10:50 p.m.  William Fagley, 2700 Glendale, presented comparison charts on the City millage rates, taxable value per capita and property taxes per capita.  The hearing closed at 10:57 p.m. 

 

PUBLIC COMMENTS

James Riegler, 1905 Airfield Lane, expressed his appreciation to the Assessor’s Office and the Planning Department regarding information needed on the proposed Harsh Estates.

 

Preliminary Plat of Harsh Estates

Agenda Item No. 10 was taken up after Agenda Item No. 4 and was placed before Council for consideration at 8:55 p.m.  Jon Lynch, Director of Planning and Community Development, presented information on a Preliminary Plat of Harsh Estates.  The preliminary plan calls for the entry into the subdivision from Airfield Lane.  Mayor Black asked what the possibility was of changing the entrance to the subdivision from Airfield Lane to Abbott Road.  Jerome Schafer, 2750 E. Mier Road, Design Engineer for R.B. Harsh, Inc., indicated that changing the design layout would be difficult.  Jerry Reigler, 1905 Airfield Lane, opposed the preliminary plat citing traffic concerns.  Mr. Reigler stated he would like to see the entrance of the subdivision off Abbott Road and indicated he would also oppose the street going all the way through from Abbott Road to Airfield.  Brent Murray, 2000 Airfield Lane, opposed the plat citing safety issues.  Oscar E. Schultz, 2601 Wood Court, opposed the plat entrance off Airfield Lane and felt the subdivision entrance should not be a through street from Abbott to Airfield.  Daniel Ostheimer, 2008 Airfield Lane, opposed the subdivision coming off Airfield Lane.  Council Member Currie and Council Member Wazbinski expressed a desire to have openings to the subdivision from both Airfield Lane and Abbott Road.  Council Member McKeag felt the entrance and exit should be off Abbott Road.  Council Member Griggs felt Council Member McKeag was right concerning closing the subdivision off by having one entrance and exit and also indicated he felt designing a through street from Abbott Road to Airfield Lane would be simple for the designers.  Discussion on Agenda Item No. 10 concluded at 10:00 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Harsh Estates; and

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

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

RESOLVED, that the City Council hereby gives tentative and final approval to the Preliminary Plat of Harsh Estates contingent upon the following:  the plat includes restrictions indicating that buildings will not be constructed within the utility easement along lots 8 and 9; lots 7–11 are sufficiently screened along Abbott Road; White Pine Circle is renamed; a storm water retention plan is approved by the City Engineering department; and provisions of the March 15, 2002 memorandum written by the Fire Chief are complied with.  (Motion denied.  Yeas:  None   Nays:  Black, Currie, Griggs, McKeag, Wazbinski)

 

Downtown Development Authority Reappointments

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Ned Brandt and Mark Spanka to the Downtown Development Authority for terms to expire May 1, 2006.  (Motion adopted.)

 

Police Department Bike Auction

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

 

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

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 4, 2002 with the net proceeds being deposited in the General Fund or other appropriate City funds; and

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

 

Payment – Contracted Legal Service (MCV Tax Appeal)

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000 and 2001 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 March 14, 2002, 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 $2,225,000; and

RESOLVED, 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 $2,725,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $500,000 within the 2001-2002 General Fund budget from the Reserve for Contingencies account to the Legal Fees account in the MCV Tax Appeal activity.  (Motion adopted.)

 

Purchase – Snow and Ice Control Salt

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

 

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for snow and ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 2002-03 budgeted sum for this purpose.  (Motion adopted.)

 

2002 Pavement Crack Seal Program; Contract No. 13

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the sealing of cracks on various sections of major streets; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Nylander Engineering, Inc. of Lansing, Michigan, for the "2002 Pavement Crack Sealing Program; Contract No. 13", in the indicated amount of $0.763 per pound of crack sealing material, is hereby accepted, and that a contract be approved in the amount of $44,000 based upon said unit price bid and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

 

Landfill Cell 15 Development Change Order

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

 

WHEREAS, on February 25, 2002 the Landfill Cell 15 Development Consultant, Bid No. 2554 was awarded in the amount of $28,752 to Earth Tech, Inc. of Livonia, Michigan; and

WHEREAS, it has been determined through evaluating existing drawings of the permitted area and discussions with Earth Tech that a number of improvements and modifications could be made to the design and construction of Cells 15 through 19 that may offer a substantial savings in the construction of the new cell and the four future cells; and

WHEREAS, to take advantage of these improvements and savings opportunities we need to significantly modify the scope of services in the original design contract; and

WHEREAS, Utilities staff recommends Council approval for the issuance of a change order in the amount of $41,525 to Earth Tech, Inc. of Livonia, Michigan, bringing the total award to $70,277; and

WHEREAS, the Utilities staff has reported sufficient funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects now therefore,

RESOLVED, that the City Manager is authorized to execute the change to the Earth Tech purchase order bringing the total amount of the purchase order to $70,277.  (Motion adopted.)

 

Circle K Service – IFT Application

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

 

RESOLVED, that an application dated March 15, 2002 was received March 22, 2002 from Circle K Service with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the CKS Enterprises Industrial Development District No. 1 relating to new facilities for a building addition with the facility intended to provide for construction of a 7,600 square foot addition to an existing building to be used for the manufacture of emergency apparatus in the amount of $268,000 relating to new facility approval to allow further expansion in the CKS Enterprises Industrial Development District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, May 20, 2002, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

McKay Press, Inc. – IFT Application

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

 

RESOLVED, that an application dated April 3, 2002 was received April 4, 2002 from McKay Press, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the McKay Press, Inc. Plant Rehabilitation District relating to the rehabilitation of a Heidelberg Harris M-110 web press which is 22 years old with the re-building of the web press necessary for McKay Press, Inc. to remain competitive in the amount of $737,483.05 relating to rehabilitation facility approval to allow further expansion in the McKay Press, Inc. Plant Rehabilitation District is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, May 20, 2002, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Economic Development Council – Industrial Development District Request

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

 

WHEREAS, The Economic Development Corporation of the County of Midland, the property owner, by means of a letter, dated April 8, 2002, which was received by the City Clerk on April 11, 2002, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on May 20, 2002 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion adopted.)

 

Being no further business the meeting adjourned at 11:10 p.m.

 

 

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            Penny K. Kovacevich, City Clerk