May 20, 2002

 

A regular meeting of the City Council was held on Monday, May 20, 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, Marty Wazbinski

Council members absent:

Hollis McKeag (excused)

 

Minutes

Approval of the minutes of the May 6, 2002 regular and May 13, 2002 special meetings was offered by Council Member Currie and seconded by Council Member Griggs.  (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 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.

 

2002 Make Midland Beautiful Posters

Jan Yuergens, Administrative Assistant for Public Services, on behalf of the Beautification Advisory Committee of the Parks and Recreation Commission, requested the assistance of the City Council in recognizing the children who created the most outstanding posters for the Make Midland Beautiful Poster Contest.  Twenty-one students from Midland’s elementary and middle schools were present and recognized for their works of art that depict, from their perspective, what Makes Midland Beautiful.  Mayor Black and contest co-chair Bernadette VanSlyck recognized each child.

 

Local Resource Conservation & Development Committee Presentation

Selina Tisdale, Community Relations Coordinator, introduced Brian Baker, Chair of the Midland County Local Resource Conservation and Development Committee.  Mr. Baker and Deborah Rogers, Secretary/Treasurer, appeared before Council to promote the use of the Midland County Local Resource Conservation & Development Committee for community projects.  The focus of the work group is to assist with community projects such as parks and stream bed stabilization.

 

Circle K Service – IFT Application

Kathleen Paul, City Assessor, presented information on the request from Circle K Service for an Industrial Facilities Exemption Certificate.  A public hearing was opened at 7:26 p.m.  Rodney Kloha, Executive Vice President of Circle K Service, spoke in support of the request.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of granting the Industrial Facilities Exemption to Circle K Service.  The hearing closed at 7:37 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the CKS Enterprises Industrial Development District No. 1 was established by resolution of the Midland City Council on March 5, 2001; and   

WHEREAS, Circle K Service made an application dated March 15, 2002, which was received by the City Clerk on March 22, 2002, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $268,000, which consist of building improvements and will provide for the construction of a 7,600 square foot addition to an existing building to be used for the manufacture of emergency apparatus with the same being located within the CKS Enterprises Industrial Development District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on May 20, 2002, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district or an industrial rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district or an industrial plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by Circle K Service considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Circle K Service for new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2014; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and Circle K Service pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

McKay Press, Inc. – IFT Application

Kathleen Paul, City Assessor, presented information on the request from McKay Press, Inc. for an Industrial Facilities Exemption Certificate for rehabilitation equipment.  A public hearing opened at 7:44 p.m.  Robert Smith, Controller at McKay Press, Inc., spoke in support of the request.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of granting the Industrial Facilities Exemption to McKay Press, Inc.   The public hearing closed at 7:48 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the McKay Press, Inc. Plant Rehabilitation District was established by resolution of the Midland City Council on October 8, 2001; and       

WHEREAS, McKay Press, Inc. made an application dated April 3, 2002, which was received by the City Clerk on April 4, 2002, for an Industrial Facilities Exemption Certificate relating to approval of a rehabilitation facility within said District; and

WHEREAS, the application for the certificate is for approval of a rehabilitation facility with the total project cost of $737,483.05, which consist entirely of personal property and will provide for the rehabilitation of a 22 year old Heidelberg Harris M-110 web press necessary for McKay Press, Inc. to remain competitive with the same being located within the McKay Press, Inc. Plant Rehabilitation District; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on May 20, 2002, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district or an industrial rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district or an industrial plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by McKay Press, Inc. considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from McKay Press, Inc. for rehabilitation facility approval within the McKay Press, Inc. Plant Rehabilitation District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2014; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and McKay Press, Inc. pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion adopted.)

 

Eagleridge Industrial Development District No. 1

Kathleen Paul, City Assessor, presented information on a request to establish the Eagleridge Industrial Development District No. 1.  A public hearing opened at 7:52 p.m.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of the request to establish the Eagleridge Industrial Development District No. 1.  The hearing closed at 7:52 p.m.  Prior to the vote, Mayor Black disclosed that as an attorney for Riecker, VanDam, Barker & Black, P.C., he had worked on various projects for Eagleridge but had no association with the Eagleridge Industrial Development District No. 1 planning.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, The Economic Development Corporation of the County of Midland as owner of lot numbers 3, 6 and 7 of Eagleridge Research Park No. 1 in the City of Midland, on April 8, 2002, requested it be designated an Industrial Development District with the proposed district being described as follows:

         Lots 3, 6 and 7 Eagleridge Research Park No. 1 a part of the SW ¼ of Section 13 Town 14 North Range 2 East

; and

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

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on May 20, 2002 to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of The Economic Development Corporation of the County of Midland for the establishment of this Industrial Development District; now therefore

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

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

 

2002 Lee Sanitary Sewer / Water Main /  Street Improvement Projects

Prior to conducting the public hearings, Brian McManus, City Engineer, presented information on the “2002 Lee Sanitary Sewer Improvement”, “2002 Lee Water Main Improvement” and “2002 Lee Street Improvement” projects.  The following three items (#7a, #8a and #9a) were then presented for consideration.

 

2002 Lee Sanitary Sewer / Water Main / Street Improvement Special Assmt Rolls

Kathleen Paul, City Assessor, presented information on special assessment rolls for the 2002 Lee Sanitary Sewer, Water Main and Street Improvement Projects.  The following three items (#7b, #8b and #9b) were presented for consideration after action was taken on #7a, #8a and #9a.

 

2002 Lee Sanitary Sewer Improvement Project

A public hearing was opened at 8:02 p.m., no comments were made, the hearing closed at 8:03 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in a certain street, said improvement being more particularly described in a resolution dated May 6, 2002, said street being:

                   LEE STREET                  from Clay Street to Quincy Drive

and has heretofore established one special assessment district designated:

     “2002 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT       DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 20, 2002, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a sanitary sewer on Lee Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of eighty-nine thousand dollars ($89,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be thirteen thousand three hundred eighty-six and 35/100 dollars ($13,386.35) and that all other costs and expenses of said improvement amounting to seventy-five thousand six hundred thirteen and 65/100 dollars ($75,613.65) shall be borne and paid by special assessment on all lands and premises in said 2002 Lee Sanitary Sewer Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2002 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT       DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2002 Lee Sanitary Sewer Improvement Special Assessment Roll

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the tenth day of June 2002, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the tenth day of June, 2002, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2002 Lee Water Main Improvement Project

A public hearing was opened at 8:05 p.m., no comments were made, the hearing closed at 8:06 p.m.  The following resolution was offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City Council has given due notice of its intention to install a water main in a certain street, said improvement being more particularly described in a resolution dated May 6, 2002, said street being:

               LEE STREET                                  from Clay Street to Quincy Drive

and has heretofore established one special assessment district designated:

     “2002 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 20, 2002, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a water main on Lee Street, is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of thirty-eight thousand dollars ($38,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be one thousand eight hundred twenty-one and 29/100 dollars ($1,821.29) and that all other costs and expenses of said improvements amounting to thirty-six thousand one hundred seventy-eight and 71/100 dollars ($36,178.71) shall be borne and paid by special assessment on all lands and premises in said 2002 Lee Water Main Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2002 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2002 Lee Water Main Improvement Special Assessment Roll

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the tenth day of June, 2002, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the tenth day of June, 2002, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2002 Lee Street Improvement Project

A public hearing was opened at 8:08 p.m., no comments were made, the hearing closed at 8:09 p.m.   The following resolution was then offered by Council Member Griggs and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated May 6, 2002, said street being:

            LEE STREET                from Clay Street to Quincy Drive

and has heretofore established one special assessment district designated:

           “2002 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 20, 2002, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Lee Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of one hundred eighty-six thousand dollars ($186,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be twenty-five thousand three hundred fifty-seven and 46/100 dollars ($25,357.46) and that all other costs and expenses of said improvement amounting to one hundred sixty thousand six hundred forty-two and 54/100 dollars ($160,642.54) shall be borne and paid by special assessment on all lands and premises in said “2002 Lee Street Improvement Special Assessment District” heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

           “2002 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2002 Lee Street Improvement Special Assessment Roll

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2002 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Street Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the tenth day of June, 2002, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the tenth day of June, 2002, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

PUBLIC COMMENTS

Jerald Brune, 512 W. Main Street, owner of a private golf cart, requested that Council increase the cap on the number of private golf cart trail passes allowed per year.  Council capped the number of private golf cart trail passes allowed at thirty on March 11, 2002.  Martin McGuire, Director of Public Services, stated that Mr. Brune had appeared before the Parks and Recreation Commission with his request.  The Commission denied the request to increase the number of passes at this time.  Mr. McGuire indicated the Parks and Recreation Commission would study the method of distribution of passes in the future.

Council took no action to increase the cap at this time.

 

Subdivision Control Ordinance Amendment (1st reading)

Jon Lynch, Director of Planning and Community Development, presented information on a first reading of an ordinance to amend the Subdivision Control Ordinance Section 23-90.  Introduction and first reading of the following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 23-90 OF ARTICLE VII, OF CHAPTER 23 THEREOF.

The City of Midland Ordains:

Section 1.  Section 23-90 of Article VII of Chapter 23 of the Code of Ordinances is hereby amended to read as follows:

Section 23-90. PROPERTY LAND DIVISION.

(a)   The division of any land, whether unplatted or a part of a recorded plat, is prohibited unless approved by the planning director, or his designee, following COMPLETION OF an application to PROVIDED BY the city planning department. The application shall be filed with the city planning department, and shall state the reason INCLUDE THE REQUESTED PARTICULAR INFORMATION for the proposed division. 

       The division shall not create a land parcel which is not in accord with the minimum lot area and dimension standards for the zoning classification of said parcel. The division of any unplatted land or platted lot which results in a smaller area than required by the zoning classification of said land may be permitted only for the purpose of adding to an existing parcel or lot, but. nNo parcel or lot, whether reduced as a result of the division or combined with another parcel or lot, shall be less than the minimum lot area and dimension standards for the zoning classification of said parcel(s) or lot(s). 

       The division of any platted or unplatted land into more than four (4) parcels THAN AUTHORIZED AS AN EXEMPT DIVISION, DIVISION, BONUS DIVISION, RE-DIVISION IN P.A. 288 OF 1967, AS AMENDED, (BEING THE MICHIGAN LAND DIVISION ACT, M.C.L. 560.101 ET. SEQ.) each of which is ten (10) acres or less, shall not be permitted.

(b) No building permit shall be issued unless the division has been approved in accord with this section.

Section 2.  This ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

2002-03 City of Midland Budget Presentation

Robert Fisher, Director of Fiscal Services, presented information on the 2002-03 City of Midland Budget.  The City Charter requires, that not later than the fourth Monday in May, Council shall adopt the budget for the next fiscal year and provide for a levy of the amount necessary to be raised by taxes for municipal purposes.  Steven Zablocki, 313 Princeton Court, spoke in opposition to hiring of two new police officers.  The following three resolutions were then presented for consideration.

 

Tax Appeal Reserve (Possible Payment to MCV)

Since only four council members were present Mayor Black suggested that Council segment out the portions of the budget resolution that related to the Midland Cogeneration Venture tax appeal and The Dow Chemical and Dow Corning tax appeal to make sure that at least three council members are in support of each segment.     Mayor Black, a partner in the firm of Riecker, VanDam, Barker & Black, P.C., which has MCV as a client, requested that Council Members Currie, Griggs and Wazbinski confirm their support on that the portion of the budget relating to Midland Cogeneration Venture.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that Council hereby approves that portion of the budget that relates to the Midland Cogeneration Venture. (Motion adopted.  Yeas:  Currie, Griggs, Wazbinski   Nays:  None   Abstained:  Black)

 

Tax Appeal Reserve (Possible Payment to Dow Corning)

Council Member Wazbinski, an employee of the Dow Corning Corporation, requested that Mayor Black and Council Members Currie and Griggs confirm their support on that portion of the budget relating to The Dow Chemical Company and the Dow Corning Corporation.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that Council hereby approves that portion of the budget that relates to The Dow Chemical Company and the Dow Corning Corporation.  Yeas:  Black, Currie, Griggs   Nays:  None   Abstained:  Wazbinski)

 

2002-03 City of Midland Budget

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

 

WHEREAS, a public hearing on the 2002-2003 budget was held on Monday, May 6, 2002, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 15 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all City taxes paid after the 15th day of September; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,556,572,800, plus $77,572,300 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 2002 and ending June 30, 2003 is hereby determined and adopted as follows:

GENERAL FUND

 

  Sources of Funds:

 

    Taxes

$29,091,228

    State funds

    4,129,850

    Other revenues

    5,453,320

    Fund balance

    (2,638,826)

      Total Sources of Funds

$36,035,572

GENERAL FUND (continued)

 

  Appropriations:

 

    General programs

$31,300,340

    Capital improvement

       699,500

    Transfers to other funds

    3,685,732

    Contingencies

       350,000

      Total Appropriations

$36,035,572


MAJOR STREET FUND

 

  Sources of Funds:

 

    State gas and weight tax

$2,550,000

    Other revenues

     783,280

    Fund balance

     373,030

      Total Sources of Funds

$3,706,310

  Appropriations:

 

    Street maintenance

$ 1,412,710

    Street construction

   1,673,000

    Transfers to other funds

      600,600

    Contingencies

        20,000

      Total Appropriations

$ 3,706,310

LOCAL STREET FUND

 

  Sources of Funds:

 

    State gas and weight tax

$   700,000

    Other revenues

  1,039,000

    Transfers from other funds

     500,000

    Fund balance

     313,360

      Total Sources of Funds

$2,552,360

  Appropriations:

 

    Street maintenance

$    860,230

    Street construction

   1,555,000

    Transfers to other funds

      117,130

    Contingencies

        20,000

      Total Appropriations

$ 2,552,360

GRACE A. DOW LIBRARY FUND

 

  Sources of Funds:

 

    Operating revenues

$    316,620

    State funds

        63,000

    Other revenues

      276,500

    Transfers from other funds

   2,685,407

      Total Sources of Funds

$ 3,341,527

GRACE A. DOW LIBRARY FUND

 

  (continued)

 

  Appropriations:

 

    Operating expenditures

$ 3,279,127

    Capital expenditures

        62,400

      Total Appropriations

$ 3,341,527

COMMUNITY DEVELOPMENT

 

  BLOCK GRANT FUND

 

  Sources of Funds:

 

    Federal grants

$  524,000

    Program income

      80,000

    Fund balance

      (1,473)

      Total Appropriations

$  602,527

  Appropriations:

 

    Residential home rehabs

$   267,375

    Other expenditures

     325,152

    Contingencies

       10,000

      Total Appropriations

$   602,527

CABLE COMMUNICATIONS FUND

 

  Sources of Funds:

 

    Operating revenues

$   396,300

    Other revenues

         7,850

    Fund balance

     149,165

      Total Sources of Funds

$   553,315


CABLE COMMUNICATIONS FUND (continued)

 

  Appropriations:

 

 

    Operating expenditures

$    369,415

 

    Capital expenditures

      171,900

 

    Contingencies

        12,000

 

      Total Appropriations

$    553,315

 

DOWNTOWN DEVELOPMENT

 

 

  AUTHORITY FUND

 

 

  Sources of Funds:

 

 

    Property taxes

$    408,000

 

    Other revenues

        34,000

 

    Fund balance

        50,628

 

      Total Sources of Funds

$    492,628

 

DOWNTOWN DEVELOPMENT

  AUTHORITY FUND (continued)

 

 

  Appropriations:

 

 

    Operating expenditures

$   148,233

 

    Capital expenditures

     150,000

 

    Transfers to other funds

     179,395

 

    Contingencies

       15,000

 

      Total Appropriations

$   492,628

 

DEBT SERVICE FUND

 

 

  Sources of Funds:

 

 

    Property taxes

$ 1,764,870

 

    Other revenues

      200,000

 

    Fund balance

          9,780

 

      Total Sources of Funds

$1,974,650

 

  Appropriations:

 

 

    Bond principal

$ 1,303,000

 

    Bond interest

      668,450

 

    Other expenditures

          3,200

 

      Total Appropriations

$ 1,974,650

 

DDA DEBT SERVICE FUND

 

 

  Sources of Funds:

 

 

    Transfers from other funds

$    161,395

 

    Fund balance

             645

 

      Total Sources of Funds

$    162,040

 

  Appropriations:

 

 

    Bond principal

$     125,000

 

    Bond interest

         35,840

 

    Other expenditures

           1,200

 

      Total Appropriations

$     162,040

 

SANITARY LANDFILL FUND

 

 

  Sources of Funds:

 

 

    Operating revenue

$ 2,997,000

 

    Other revenue

      100,000

 

    Working capital

   1,596,426

 

      Total Sources of Funds

$ 4,693,426

 

SANITARY LANDFILL FUND

  (continued)

 

 

  Appropriations:

 

 

    Operating expenses

$ 1,559,101

 

    Other expenses

      123,325

 

    Capital expenses

   2,961,000

 

    Contingencies

        50,000

 

      Total Appropriations

$ 4,693,426

 


WASHINGTON WOODS FUND

 

  Sources of Funds:

 

    Operating revenues

$ 1,087,700

    Other revenues

        12,500

    Working capital

      138,045

      Total Sources of Funds

$ 1,238,245

  Appropriations:

 

    Operating expenses

$ 1,015,128

    Other expenses

        98,617

    Capital expenses

      114,500

    Contingencies

        10,000

      Total Appropriations

$ 1,238,245

RIVERSIDE PLACE FUND

 

  Sources of Funds:

 

    Operating revenues

$    901,325

    Other revenues

        58,500

    Working capital

          9,383

      Total Sources of Funds

$    969,208

  Appropriations:

 

    Operating expenses

$    871,854

    Other expenses

        77,354

    Capital expenses

        10,000

    Contingencies

        10,000

      Total Appropriations

$    969,208

GOLF COURSE FUND

 

  Sources of Funds:

 

    Operating revenues

$   889,848

    Other revenues

       21,000

    Working capital

     172,662

      Total Sources of Funds

$1,083,510

GOLF COURSE FUND (continued)

 

  Appropriations:

 

    Operating expenses

$   908,260

    Capital expenses

     165,250

    Contingencies

       10,000

      Total Appropriations

$1,083,510

PARKING FUND

 

  Sources of Funds:

 

    Operating revenues

$     87,430

    Other revenues

         1,200

    Transfers from other funds

       18,000

    Working capital

         2,557

      Total Sources of Funds

$   109,187

  Appropriations:

 

    Operating expenses

$   109,187

TRANSPORTATION (DIAL-A-RIDE)

 

  FUND

 

  Sources of Funds:

 

    Operating revenues

$    830,600

    Transfers from other funds

      483,948

      Total Sources of Funds

$ 1,314,548

 Appropriations:

 

    Operating expenses

$ 1,231,048

    Other expenses

        58,500

    Capital expenses

        15,000

    Contingencies

        10,000

      Total Appropriations

$ 1,314,548

WASTEWATER FUND

 

  Sources of Funds:

 

    Operating revenues

$ 4,158,200

    Other revenues

        88,250

    Working capital

      717,949

      Total Sources of Funds

$ 4,964,399

WASTEWATER FUND (continued)

 

  Appropriations:

 

    Operating expenses

$ 2,635,149

    Other expenses

      144,400

    Interest expense

      352,650

    Capital expenses

   1,345,700

    Retirement of debt

      474,000

    Contingencies

        12,500

      Total Appropriations

$ 4,964,399

WATER FUND

 

  Sources of Funds:

 

    Operating revenues

$  7,924,900

    Contractual revenue

    1,293,979

    Other revenues

       322,292

    Working capital

    1,795,543

      Total Sources of Funds

$11,336,714

  Appropriations

 

    Operating expenses

$   5,042,151

    Other expenses

        283,000

    Interest expense

     1,093,805

    Capital expenses

     2,967,177

    Retirement of debt

     1,850,581

    Contingencies

        100,000

      Total Appropriations

$ 11,336,714

STORMWATER MANAGEMENT

  FUND

 

  Sources of Funds:

 

    Operating revenues

$        24,000

    Other revenues

            5,000

    Transfer from other funds

        457,107

    Fund balance

        323,763

      Total Sources of Funds

$      809,870

  Appropriations:

 

    Operating expenses

$     684,870

    Capital expenses

       100,000

    Contingencies

         25,000

      Total Appropriations

$     809,870

DATA PROCESSING OPERATIONS

 

  Sources of Funds:

 

    Operating revenues

$    765,000

    Other revenues

        30,000

    Working capital

      411,658

      Total Sources of Funds

$ 1,206,658

  Appropriations:

 

    Operating expenses

$    910,158

    Other expenses

        21,500

    Capital expenses

      250,000

    Contingencies

        25,000

      Total Appropriations

$ 1,206,658


 

DATA PROCESSING RENTAL FUND

 

  Sources of Funds:

 

    Operating revenues

$   250,800

    Other revenues

       10,750

    Working capital

     (  45,350)

      Total Sources of Funds

$   216,200

  Appropriations:

 

    Operating expenses

$   116,200

    Capital expenses

     100,000

      Total Appropriations

$   216,200

EQUIPMENT REVOLVING FUND

 

  Sources of Funds:

 

    Operating revenues

$ 3,069,000

    Other revenues

      152,000

    Working capital

      317,691

      Total Sources of Funds

$ 3,538,691

  Appropriations:

 

    Operating expenses

$ 2,053,191

    Other expenses

        97,500

    Capital expenses

   1,363,000

    Contingencies

        25,000

      Total Appropriations

$ 3,538,691

SERVICE CENTER RENTAL FUND

 

  Sources of Funds:

 

    Operating revenues

$   250,200

    Other revenue

       12,500

    Working capital

      (72,120)

      Total Sources of Funds

$   190,580

  Appropriations:

 

    Operating expenses

$    170,580

    Capital expenses

        10,000

    Contingencies

        10,000

      Total Appropriations

$    190,580

HEALTH CARE PLAN FUND

 

  Sources of Funds:

 

    Operating revenues

$  1,000,000

    Other revenues

       150,000

    Working capital

    (1,150,000)

      Total Sources of Funds

$                0 

  Appropriations:

 

    Operating expenses

$                0

PROPERTY AND LIABILITY

 

  INSURANCE FUND

 

  Sources of Funds:

 

    Operating revenues

$   654,063

    Working capital

       99,062

      Total Sources of Funds

$   753,125

  Appropriations:

 

    Operating expenses

$   753,125

; and

 

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 9.65 mills for operations, 1.44 mills for tax appeal contingency reserve and 0.67 mills for general obligation debt, a total of 11.76 mills, on the Taxable Value of the various classes of property in the City of Midland on the 2002 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the Taxable Value of the various classes of property on the 2002 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the Summer and Winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies and in the review and appeal processes; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after the legal due dates of September 15 and February 14 (or the next business day if those dates fall on a holiday or weekend) a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that all property tax revenues resulting from said 1.44 mill tax appeal contingency levy shall be placed in a Tax Appeal Contingency Reserve within the General Fund, shall be restricted solely for adjustments resulting from the major tax appeals of Midland Cogeneration Venture, The Dow Chemical Company, and the Dow Corning Corporation for 1997 and subsequent years, and shall be accumulated until final disposition of said tax appeals occurs, whereupon any unused funds in said Reserve shall be returned to City taxpayers through a future millage reduction.  (Motion adopted.)

 

Site Plan No. 212

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan 212 – property at 400 Dartmouth Drive.  Benjamin Jarard, representative from Thompson-Phelan the general contractor of the Member’s First Credit Union project, appeared before Council in support of the Site Plan and to answer any questions Council might have.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 212, the request of Member’s First Credit Union located at 400 Dartmouth Drive, for site plan review and approval for a 3,128 square foot building on .54 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 212 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 212, contingent upon the following conditions:

1.                 Site lighting shall not be cast off site;

2.                 The structure height shall not exceed 28 feet;

3.                 A storm water retention plan will be approved by the City Engineering Department.

(Motion adopted.)

 

Downspout and Roof Drain Removal Project Report

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

 

RESOLVED, that the Progress Report on the Downspout and Roof Drain Removal Project be received and filed in the office of the City Clerk.  (Motion adopted.)

 

2001 Annual Drinking Water Quality Report

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

 

RESOLVED, that the 2001 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Election “Vote Here” Sign Placement

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

 

WHEREAS, the Midland City Clerk’s Office is asking permission to place up to two 37” x 26” election “Vote Here” signs on the public right-of-way as needed for each polling location from 6:30 a.m. until 8:30 p.m. on election day for each election conducted by the City of Midland; and

WHEREAS, in addition to the new “Vote Here” signs 24’ x 24’ election directional signs on city owned signage poles located on the outlawn will also be used; and

WHEREAS, Article I, Section 22-2 of the Code of Ordinances allows Council to give permission for placement of signage when deemed to be of public or civic interest; now therefore

RESOLVED, that the City Council hereby deems the placement of election “Vote Here” signs in the public right-of-way on the outlawn from 6:30 a.m. until 8:30 p.m. for each election conducted by the City of Midland is hereby deemed to be of public and civic interest and hereby grants permission to the Midland City Clerk’s Office for placement of election “Vote Here” signs on the public right-of-way and approves the continued placement and use of election directional signs on City owned sign poles.  (Motion adopted.)

 

Downtown Development Authority – Falkenstein Reappointment

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Leona Falkenstein to the Downtown Development Authority for a term to expire May 1, 2006.  (Motion adopted.)

 

West Main Street Historic District Commission – Campbell Resignation

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

 

RESOLVED, that the resignation of Shirley Campbell as a member of the West Main Street Historic District Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Campbell for her service on this important Commission.  (Motion adopted.)

 

Waterworks Park Name Change

Martin McGuire, Director of Public Services, presented information on a request to rename Waterworks Park to Optimist Park, Home of the Midland Girls Softball League.  Dr. Roger Mead, President of the Midland Optimist Club, gave a brief overview of the involvement of the Optimist Club in the development and improvement of Waterworks Park and requested Council vote favorably on the name change.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City of Midland owns property at the end of Yale Street known as Waterworks Park; and

WHEREAS, Roger Mead, President of the Midland Optimist Club, has proposed changing the name of the park from Waterworks Park to Optimist Park, Home of the Midland Girls Softball League; and

WHEREAS, research has shown that the Optimist Club and the Midland Girls Softball League have both been deeply involved in the development of the park; and

WHEREAS, the Parks and Recreation Commission unanimously voted at their May 14, 2002 meeting to recommend that Waterworks Park be renamed Optimist Park, Home of the Midland Girls Softball League; now therefore

RESOLVED, that the City Council hereby change the name of the Waterworks Park to Optimist Park, Home of the Midland Girls Softball League.  (Motion adopted.)

 

Award for Construction of Two CHOICE Houses

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

 

WHEREAS, the City has solicited and received sealed bids in accord with City Ordinance 2-18 for the construction of two (2) CHOICE houses at 327 Hemlock Street and 328 Cottonwood Street; and

WHEREAS, staff has elected to recommend the low bid of $137,000, the alternate bid submitted by Weckesser Builders; and

WHEREAS, upon completion of construction, the houses will be sold through the CHOICE Program using criteria previously established by the City; and

WHEREAS, funding for this construction will be taken from the Housing Commission Revolving Fund; now therefore

RESOLVED, that City Council approves the award to Weckesser Builders in the amount of $137,000.00 and authorizes the Purchasing Agent to issue a purchase order for the construction of the CHOICE houses.  (Motion adopted.)

 

Phone System – Washington Woods

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

 

WHEREAS, the 17 year old telephone system at the Washington Woods senior housing facility is in need of replacement; and

WHEREAS, the City has received a proposal from Avaya Communications to extend the current City telephone system, which is compatible with other City facilities, to Washington Woods; and

WHEREAS, the proposal from Avaya Communications will provide many advantages including improved reliability, integration with the City’s voice mail system, reduction of operating costs and a significant increase in computer network speeds; and

WHEREAS, funding for this purpose is available in the 2001-02 budget of the Washington Woods Fund; now therefore

RESOLVED, that the City Council hereby waives sealed bids as impractical in accordance with Section 2-18 of the Code of Ordinances and authorizes the Purchasing Agent to issue purchase orders in the amount of $40,882.52 to Avaya Corporation and $9,090 .00 to R. J. Networking for the purchase and installation of the Avaya telephone system for Washington Woods.  (Motion adopted.)

 

Payment for Contracted Legal Services – Dow Chemical Tax Appeal

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

 

WHEREAS, The Dow Chemical Company has appealed the assessed and taxable value for three individual parcels for the 1999, 2000 and 2001 tax years with the Michigan Tax Tribunal with case numbers of 270871, 270872 and 270873; and

WHEREAS, the appraisal firm of Terzo & Bologna, Inc. is both qualified and available to perform the necessary appraisals on these three isolated parcels of property owned by The Dow Chemical Company; and

WHEREAS, as of this date the Michigan Tax Tribunal has not allowed a consolidation of these three separate parcels with the main tax appeal case as filed by The Dow Chemical Company; and

WHEREAS, on January 14, 2002 the City Council authorized the City Manager to execute a contract with the above-mentioned firm for its appraisal services in connection with the three tax appeal cases in an amount not to exceed $25,000; and

WHEREAS, following the approval of said contract additional appraisal services from Terzo & Bologna, Inc. have now become necessary thereby increasing the total amount for said services by an additional $6,500.00; and

WHEREAS, sufficient budgetary funding exists within the 2001-2002 general fund budget for The Dow Chemical Company tax appeal cases; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the appraisal firm of Terzo & Bologna, Inc. for their assistance in connection with the aforementioned appeals is hereby increased to an amount not to exceed $31,500.00.  (Motion adopted.)

 

Contracted Appraisal Services – MCV Tax Appeal

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

 

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 appraisal firms of Walsh and Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc., and Whitfield Russell Associates have been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on July 9, 2001, Council authorized payments to Walsh and Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc., and Whitfield Russell Associates for the aforementioned services in a total amount not to exceed $2,500,000; and

WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2001-2002 General Fund Budget; now therefore

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 appraisal firms of Walsh & Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $3,500,000.  (Motion adopted.)

 

Payment for Housing & Related Expenses – MCV Tax Appeal Trial

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

 

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, the appraisal firms of Walsh and Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc., and Whitfield Russell Associates have been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, it is necessary that the attorneys, appraisers and support staff be based in Lansing for the duration of the trial; and

WHEREAS, the City of Midland staff conducted an extensive search for cost savings on accommodations and has found that the East Lansing area offers the best accommodations for City personnel rooms, conference rooms, secured areas and proximity to the Michigan Tax Tribunal Court; and

WHEREAS, on March 14, 2002, Council authorized payments for housing and related expenses in connection with the aforementioned appeal in an amount not to exceed $150,000;

WHEREAS, sufficient budgetary funding exists within the 2001-2002 general fund budget for the MCV tax appeal case; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived; and

RESOLVED FURTHER, that authorization of payment for housing and related expenses in connection with the aforementioned appeal is hereby increased to an amount not to exceed $200,000.  (Motion adopted.)

 

2002 Local Street Reconstruction; Contract No. 5

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Aircraft Court from Wyllys Street to the end of the court; Balfour Street from Helen Street to Nelson Street; Flaxmoor Drive from Sturgeon Creek Parkway to Blarney Street (including water main replacement); and Wyllys Street from Washington Street to the west end of the court; and

WHEREAS, funding for this project is provided by the Local Street Fund and Water Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Johnston Contracting of Midland, Michigan, for the "2002 Local Street Reconstruction; Contract No. 5", in the indicated amount of $237,079.00, based upon City estimated quantities is hereby accepted 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.)

 

Telecommunications Services Agreement - McLeod

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

 

WHEREAS, the City of Midland owns and controls public rights-of-way and easements and may grant permission for the use of such public rights-of-way to public utilities among other uses; and

WHEREAS, pursuant to the Michigan Telecommunications Act (MTA) and Chapter 15 of the City of Midland Charter, permits are permissible to be granted by the City of Midland for utility services within the rights-of-way; and

WHEREAS, the City of Midland attempted communication with McLeodUSA to provide a Consent/Assumption Agreement and pay all outstanding debts to the City of Midland according to the current contract; and

WHEREAS, McLeodUSA disagreed with the format of the current contract and requested a new contract format; and

WHEREAS, the new format must follow the new guidelines set by the MTA; and

WHEREAS, the City submitted a letter indicating termination or removal of the utility due to breach of contract; and

WHEREAS; McLeodUSA has filed suit against the City of Midland with the Michigan Public Service Commission to halt possible termination or removal of their existing telecommunications system; and

WHEREAS, the City of Midland agreed to postpone termination of their existing lines and coordinate with McLeodUSA on a settlement and upon entering into a new agreement; and

WHEREAS, McLeod USA has delivered to the City of Midland a formal application for a telecommunications permit to maintain current service to this community; and

WHEREAS, a Telecommunications Permit has been prepared as a settlement offer in accordance with standard MTA and municipal telecommunication permits covering specific provisions relating to the obligations of the City of Midland and McLeodUSA; and

WHEREAS, the Telecommunications Permit also incorporates provisions subject to mandatory MTA guidelines and under the City of Midland Charter Sections 15 and 16 wherein McLeodUSA shall be and remain subject to all ordinances, rules and regulations now in effect or which may be legally adopted; now therefore

RESOLVED, that the City Council hereby approves the settlement and authorizes the Mayor and City Clerk to execute the attached Telecommunications Permit between the City of Midland and McLeodUSA.  (Motion adopted.)

 

Fire Rescue Unit  (denied)

Martin McGuire, Director of Public Services, presented information on a bid for one Rescue Unit.  Bids were received on April 30, 2002 and in accordance with the City of Midland bidding procedures the low bid meeting the specifications submitted by KME Fire Apparatus was selected as the vendor to supply the rescue unit.  Al Kloha and Rodney Kloha, 4300 James Savage Road and owners of Circle K Service, the second bidder on the rescue unit, requested that Council reconsider the award of bid on the unit.  The Kloha’s claimed they bid a superior product that was over and above the specifications requested.  The vehicle would be built in Midland, which they felt was an advantage to the City.  Mr. McGuire indicated that both companies build quality pieces of equipment and was comfortable with either bidder.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a rescue unit, with trade-in, Bid No. 2573; and

WHEREAS, funding for a rescue unit in the amount of $150,000 is included in the 2001-02 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to KME Fire Apparatus, of Nesquehoning, Pennsylvania in the net amount of $115,943 for the purchase of a KME 123 Rescue Unit, including trade-in of city equipment number 9-34, in accordance with the proposal and city specifications.  (Motion denied.  Yeas:  None   Nays:  Black, Currie, Griggs, Wazbinski)

 

Purchase - Fire Rescue Unit

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

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a rescue unit, with trade-in, Bid No. 2573; and

WHEREAS, funding for a rescue unit in the amount of $150,000 is included in the 2001-02 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to W.S. Darley/Circle K Service of Midland, Michigan in the net amount of $116,698 for the purchase of a Darley Rescue Unit, including trade-in of city equipment number 9-34, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase – Multi-Deck Mower

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

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a wide area multi-deck mower, with trade-in, Bid No. 2574; and

WHEREAS, funding for the new mower in the amount of $70,000 is included in the 2001-02 Equipment Revolving Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to W.F. Miller Company, of Novi, Michigan in the net amount of $50,764.00 for the purchase of a Jacobsen HR-9016 mower, including options and trade-in of city equipment number 4-10, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Proposed Sidewalks on Hemlock Street

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

 

WHEREAS, $30,000 has been budgeted from federal Community Development Block Grant (CDBG) funds for fiscal year 2001-02 for the installation of sidewalks along both sides of Hemlock Street, south of Bay City Road to the end of the street; and

WHEREAS, this area of the city is eligible for CDBG area-wide benefits; and

WHEREAS, it is desired to provide an opportunity for public input on the proposed expenditure of CDBG funds for purposes of installing sidewalks along Hemlock Street; now therefore

RESOLVED, that a public hearing will be held on June 10, 2002, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program for the installation of said sidewalks.  (Motion adopted.)

 

Zoning Petition No. 491

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 10, 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 the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on May 24, 2002 and to publish said notice on May 25, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-4 ZONING WHERE A BUSINESS B-2 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:

The south 66.20 feet of a parcel of land described as a parcel of land remaining in Outlot A of Idle Acres lying south of Natalie Street as platted in Idle Acres Estates part of Outlot A of Idle Acres, part of the east ½, southeast ¼, southwest ¼, Section 5, T14N-R2E, City of Midland, Midland County, Michigan, as recorded in Liber B Page 50 of the Midland County records, described as beginning at the southeast corner of said Outlot A, which is 01 deg 20 min 20 sec east, 208.71 feet along the north and south ¼ line from the south ¼ corner of said section 5, thence north 01 deg 20 min 20 sec east.  147.34 feet along said north and south ¼ line; thence n 88 deg 01 min 22 sec west, 59.86 feet along the south right of way line of Natalie Street as platted in Idle Acres Estates, as recorded in Liber N of Plats on pages 1, 2 and 3 of the Midland County records; thence along a 160.00 feet radius curve to the right, having a central angle of 44 deg 24 min 55 sec and a long chord bearing and distance of north 65 deg 48 min 54 sec west, 120.95 feet along said south right of way line; thence along a 50.00 feet radius curve to the left, having a central angle of 44 deg 24 min 55 sec and a long chord bearing distance of north 65 deg 48 min 55 sec west, 37.80 feet along said south right of way lines; thence south 02 deg 01 min 30 sec west, 206.76 feet, thence south 87 deg 52 min 00 sec east, 208,71 ft, along the south line of said outlot A to the point of beginning.  Containing 0.78 acres and being subject to any easement of record.

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

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.)

 

Pre-Audit Meeting

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

 

RESOLVED, that the Midland City Council will meet in special session at 6:00 p.m., Monday, June 24, 2002 at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of discussing the upcoming audit of the City’s financial statements and accounting records for the year ended June 30, 2002 with representatives of the Council’s independent auditors.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:15 p.m.

 

 

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            Penny K. Kovacevich, City Clerk