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.
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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 |
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.
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.
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)
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.)
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.
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.
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.
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)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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