January 13, 2003

 

A regular meeting of the City Council was held on Monday, January 13, 2003, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the December 2, 2002 special, December 16, 2002 regular, January 7, 2003 special and January 8, 2003 special meetings was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

Zoning Petition No. 497

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 497 – rezoning property north of Oakbrook Court, east of Jefferson Avenue from Township Zoning to Residential A-1.  A public hearing was opened at 7:07 p.m. Stephen Graham, 3567 Oakbrook Drive, indicated in general he was in support of the zoning petition but was upset by the size and type of houses planned for this area.  The hearing closed at 7:10 p.m.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1554

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-1 WHERE A 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:

PARCEL A:

PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 34, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS:  BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 34; THENCE S 89 DEG 35 MIN 11 SEC E, 2646.35 FT. ALONG THE EAST AND WEST 1/4 LINE, ALSO BEING IN PART THE NORTH PLAT LINE OF OAKBROOK ESTATES, AS RECORDED IN LIBER N OF PLATS, PAGES 23 - 25 OF MIDLAND COUNTY RECORDS TO THE CENTER OF SAID SECTION 34; THENCE N 00 DEG 08 MIN 07 SEC E, 659.22 FT.  ALONG THE NORTH AND SOUTH 1/4 LINE; THENCE N 89 DEG 33 MIN 14 SEC W, 1250.62 FT. ALONG IN PART THE SOUTH PLACE LINE OF ASSESSOR'S PLAT OF JULIE ANN ESTATES, AS RECORDED IN LIBER L OF PLATS, ON PAGES 26 AND 27 OF MIDLAND COUNTY RECORDS, ALSO BEING IN PART THE SOUTH PLAT LINE OF TE-AL ESTATES NO. 1, AS RECORDED IN LIBER O OF PLATS, ON PAGES 7 AND 8 OF MIDLAND COUNTY RECORDS; THENCE N 89 DEG 33 MIN 55 SEC W, 1061.17 FT. ALONG SAID SOUTH PLAT LINE OF TE-AL ESTATES NO. 1; THENCE N 89 DEG 39 MIN 02 SEC W, 116.12 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 220.00 FT.; THENCE N 89 DEG 39 MIN 02 SEC W, 220.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 93.95 FT. ALONG THE WEST SECTION LINE; THENCE S 89 DEG 35 MIN 11 SEC E, 240.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 150.00 FT.; THENCE N 89 DEG 35 MIN 11 SEC W, 240.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 196.00 FT. ALONG THE WEST SECTION LINE TO THE POINT OF BEGINNING.  CONTAINING 38.16 ACRES AND BEING SUBJECT TO JEFFERSON AVENUE RIGHT OF WAY AND ANY OTHER EASEMENTS OF RECORD.

PARCEL B:

PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS:  BEGINNING AT A POINT WHICH IS S 89 DEG 35 MIN 11 SEC E, 2094.69 FT. ALONG THE EAST AND WEST 1/4 LINE, ALSO BEING IN PART THE NORTH PLAT LINE OF OAKBROOK ESTATES, AS RECORDED IN LIBER N OF PLATS, PAGES 23-25 OF MIDLAND COUNTY RECORDS FROM THE WEST 1/4 CORNER OF SAID SECTION 34; THENCE S 89 DEG 35 MIN 11 SEC E, 551.66 FT. ALONG THE EAST AND WEST 1/4 LINE TO THE CENTER OF SAID SECTION 34; THENCE S 00 DEG 07 MIN 23 SEC E, 659.36 FT. ALONG THE NORTH AND SOUTH 1/4 LINE; THENCE N 89 DEG 35 MIN 06 SEC W, 353.26 FT. THENCE N 09 DEG 13 MIN 57 SEC E, 232.20 FT.; THENCE ALONG A 60.00 FT. RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 251 DEG 06 MIN 07 SEC AND A LONG CHORD BEARING AND DISTANCE OF N 16 DEG 46 MIN 51 SEC W, 97.63 FT. ALONG THE CUL-DE-SAC RIGHT OF WAY OF OAKBROOK DRIVE OF SAID OAKBROOK ESTATES; THENCE N 85 DEG 41 MIN 56 SEC W, 210.00 FT. ALONG THE NORTH RIGHT OF WAY LINE OF SAID OAKBROOK DRIVE; THENCE N 00 DEG 05 MIN 41 SEC E, 322.36 FT. TO THE POINT OF BEGINNING.  CONTAINING 6.48 ACRES AND BEING SUBJECT TO ANY EASEMENTS OF RECORD.

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

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Zoning Petition No. 498

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 498 – rezoning property west of Perrine Road, south of Letts Street from Township Zoning to Residential A-1.  A public hearing opened at 7:18 p.m., no comments were made, the hearing closed at 7:19 p.m.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. 1555

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-1 WHERE A 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:

THE EAST 250 FT OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 31, T15N R2E, LARKIN TWP., MICHIGAN

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

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Zoning Petition No. 499

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 499 – rezoning property west of Abbott Road, north of Betsey Drive, south of Alta Court from Residential A-2 to Residential A-4.  A public hearing opened at 7:47 p.m.  Clifford Reese from Shiloh Land Development LLC, petitioner of the rezoning request, spoke in support of the rezoning and gave an overview of the project slated for this area.  Marie Kalitta, 2409 Alta Court, felt the planned housing for this area was not compatible with housing already in place on Alta Court; she opposed the high density and requested the zoning petition be denied.  Linda Donner, 2303 Alta Court, opposed the rezoning stating that she would like to see single-family dwellings in this area.  Ms. Donner requested Council deny the rezoning.  The hearing closed at 8:01 p.m.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. 1556

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 WHERE A RESIDENTIAL A-2 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:

PART OF THE VACATED AIRFIELD LANE (WARREN STREET) DESCRIBED AS BEING FROM THE WESTERLY BOUNDARY OF LOT 56, PARSONS SUBDIVISION (A RECORDED PLAT IN THE CITY OF MIDLAND, MICHIGAN, AS RECORDED IN LIBER A, PAGE 62 OF PLATS, MIDLAND COUNTY RECORDS) EASTERLY TO THE ABBOTT ROAD RIGHT-OF-WAY; SECTION 14, T14N R2E, CITY OF MIDLAND, MIDLAND CO., MICHIGAN WHICH LIES SOUTH OF THE N 1/8 LINE OF SAID SECTION 14.

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.  (Ordinance adopted.)

 

PUBLIC COMMENTS

 

Bridge Mural – Renick Stevenson, 1224 E. Freeland Road, Merrill, commented on the picture in the City of Midland 2002 Calendar for the month of September.  The picture titled by the amateur photographer was named “Together We Stand”.  Mr. Stevenson wanted to set the record straight.  Mr. Stevenson stated he was contracted by the Midland-Gladwin Community Mental Health Services and GMS Arts Education to work with a group of youth, average age 10, to design this community mural that was named “The Perfect Storm”.  The mural was painted on the M20 underpass under the Karl B. Robertson Bridge near the City of Midland skate park.  Mayor Black acknowledged the speaker’s comments and complimented the youth involved and Mr. Stevenson on the beautiful mural.

 

Chippewassee Court Phase II (PILOT First Reading)

Robert Fisher, Director of Fiscal Services, presented information on a first reading of an ordinance to provide for Payment in Lieu of Taxes (PILOT) for Chippewassee Court Phase II.  This 11 unit residential housing project located west of Smith Road on the north side of Isabella Street in the City of Midland was initiated by the Affordable Housing Alliance of Midland County (AHA).  Al Kiley, Director and MIS Manager for Affordable Housing Alliance, gave a brief overview of the project and introduced AHA board members in attendance.  William Doxie, 4401 Hampshire, President of AHA, and Board Member Orrin Barrett, 2717 Schade West Drive, both spoke in support of the project.  Tom McCann, 3310 Jefferson Avenue, spoke in opposition to the PILOT Program in general.  Kathie Marchlewski, reporter for the Midland Daily News, commented that she has requested a financial report or an annual report several times from the Affordable Housing Alliance but has not received the report as of yet.  Oswald Anders, 801 Linwood Drive, spoke in opposition to the project.  Prior to council discussion, Council Member Griggs requested that he be allowed to abstain from discussion and voting on the proposed PILOT Program for Chippewassee Court Phase II.  Council Member Griggs is a board member of the Affordable Housing Alliance of Midland County.  Council unanimously agreed to the abstention.  After considerable discussion, Council requested that prior to acceptance of other proposed PILOT programs a study be undertaken relative to the housing needs in Midland.  Introduction and first reading of the following ordinance amendment to provide for Payment in Lieu of Taxes for Chippewassee Court Phase II was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-262, ARTICLE XIII OF CHAPTER 2 AND BY ADDING NEW SECTIONS WHICH SHALL BE DESIGNATED AS SECTIONS 2-260.10 AND 2-264.8, ARTICLE XIII, CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1.  Article XIII, Chapter 2, Section 2-262, Tax Exemptions for housing developments for elderly and low-income persons is hereby amended to read as follows:

Sec. 2-262.  Class of housing developments.

     It is hereby determined that the class of housing developments to which the tax exemption shall apply, and for which a service charge shall be paid in lieu of such taxes, shall be that portion of a development which is for elderly persons or low-income persons and which is financed or assisted pursuant to the act.  It is further determined that Grove Street Commons I, Grove Street Commons II, The Village At Joseph’s Run, Granite Club Acres #1, Chippewassee Court Phase I, CHIPPEWASSEE COURT PHASE II, Adams Acres Phase I, and the elderly portions of Charter Square and Green Hill are of this class.

Section 2.  Article XIII, Sections 2-260.10 and 2-264.8 are hereby added to read as follows:

Sec. 2-260.10.  CHIPPEWASSEE COURT PHASE II.

    THE CITY ACKNOWLEDGES THAT THE AFFORDABLE HOUSING ALLIANCE OF MIDLAND COUNTY, A 501(c)(3) CORPORATION (A SPONSOR, AS DEFINED HEREIN) HAS OFFERED, SUBJECT TO ALLOCATION OF TAX CREDIT FINANCING FROM THE AUTHORITY, UNDER SECTION 42 OF THE INTERNAL REVENUE CODE, AS AMENDED, TO ERECT OR OPERATE AND MAINTAIN A HOUSING DEVELOPMENT IDENTIFIED AS CHIPPEWASSEE COURT PHASE II, LOCATED ON THE FOLLOWING DESCRIBED PROPERTY:

COMMENCING 1,437 FEET EAST OF THE SW CORNER GOVERNMENT LOT 9, SECTION 18, THENCE NORTH 264 FEET, EAST 165 FEET, SOUTH 264 FEET, WEST 165 FEET TO THE POINT OF BEGINNING 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 POINT OF BEGINNING (PARCEL CODE 14-18-50-022); AND ALSO BEGINNING 1,602 FEET EAST OF THE SW CORNER OF GOVERNMENT LOT 9, SECTION 18, THENCE EAST 3.55 FEET, NORTH 264 FEET, WEST 3.55 FEET, SOUTH 264 FEET TO THE POINT OF BEGINNING.

Sec. 2-264.8.  ESTABLISHMENT OF ANNUAL SERVICE CHARGE FOR CHIPPEWASSEE COURT PHASE II.

(A)    ANNUAL SERVICE CHARGE.  THE HOUSING DEVELOPMENT IDENTIFIED AS CHIPPEWASSEE COURT PHASE II AND THE PROPERTY ON WHICH IT SHALL BE CONSTRUCTED SHALL BE EXEMPT FROM ALL PROPERTY TAXES FROM AND AFTER THE COMMENCEMENT OF CONSTRUCTION.  THE CITY, ACKNOWLEDGING THAT THE SPONSOR AND THE AUTHORITY HAVE ESTABLISHED THE ECONOMIC FEASIBILITY OF THE HOUSING DEVELOPMENT IN RELIANCE UPON THE ENACTMENT AND CONTINUING EFFECT OF THIS ORDINANCE AND THE QUALIFICATION OF THE HOUSING DEVELOPMENT FOR EXEMPTION FROM ALL PROPERTY TAXES AND A PAYMENT IN LIEU OF TAXES AS ESTABLISHED IN THIS ORDINANCE, AND IN CONSIDERATION OF THE SPONSOR’S OFFER, SUBJECT TO RECEIPT OF AN ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSTRUCT, OWN AND OPERATE THE HOUSING DEVELOPMENT, AGREES TO ACCEPT PAYMENT OF AN ANNUAL SERVICE CHARGE FOR PUBLIC SERVICES IN LIEU OF ALL PROPERTY TAXES.  THE ANNUAL SERVICE CHARGE SHALL BE EQUAL TO FOUR PERCENT (4%) OF THE ANNUAL SHELTER RENTS LESS UTILITIES.

(B)   LIMITATION ON THE PAYMENT OF ANNUAL SERVICE CHARGE.  NOTWITHSTANDING SUBSECTION (A), THE SERVICE CHARGE TO BE PAID EACH YEAR IN LIEU OF TAXES FOR THE PART OF THE HOUSING DEVELOPMENT WHICH IS TAX EXEMPT AND WHICH IS OCCUPIED BY OTHER THAN LOW-INCOME PERSONS SHALL BE EQUAL TO THE FULL AMOUNT OF TAXES WHICH WOULD BE PAID ON THAT PORTION OF THE HOUSING DEVELOPMENT IF THE HOUSING DEVELOPMENT WERE NOT EXEMPT.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.  Yeas:  Black, Currie, McKeag, Wazbinski   Nays:  None   Abstained:  Griggs)

 

Mayor Black recessed for a short break at 9:42 p.m.

Mayor Black reconvened the meeting at 9:47 p.m.

 

Bogel's Urban Subdivision No. 2 – Preliminary Plat Time Extension

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

 

WHEREAS, the City Council has received a request from Joe and Barbara Bogel, proprietors, for a two-year time extension approval for the Preliminary Plat of Bogel’s Urban Subdivision No. 2; and

WHEREAS, the current approval expires April 9, 2003; and

WHEREAS, the City Council has reviewed the request for the time extension of the Preliminary Plat of Bogel’s Urban Subdivision No. 2; now therefore

RESOLVED, that the City Council does hereby approve the two-year time extension until April 9, 2005, for the Preliminary Plat of Bogel’s Urban Subdivision No. 2.  (Motion adopted.)

 

Traffic Control Order P-02-10

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

 

RESOLVED, that Traffic Control Order No. P-02-10 filed November 7, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on Jefferson Avenue from Wheeler Street to Wackerly Street.        

is hereby made permanent.  (Motion adopted.)

 


Traffic Control Order R-02-09

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

 

RESOLVED, that Traffic Control Order No. R-02-09 filed October 9, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the speed limit on James Savage Road between Saginaw Road and Rockwell Drive be posted at 45 m.p.h.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order S-02-12

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

 

RESOLVED, that Traffic Control Order No. S-02-12 filed October 9, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the intersection of Scenic Drive and Wildflower Lane shall be a four-way stop.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order S-02-13

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

 

RESOLVED, that Traffic Control Order No. S-02-13 filed October 9, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Travis Court shall yield to Whitewood Drive.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order S-02-14

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

 

RESOLVED, that Traffic Control Order No. S-02-14 filed October 9, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Barto Street shall stop for Campau Drive.

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order S-02-15

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

 

RESOLVED, that Traffic Control Order No. S-02-15 filed October 9, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Norwood Drive shall stop for Campau Drive.

is hereby made permanent.  (Motion adopted.)

 

Quitclaim Deed and Easement Agreement for Future Sugnet Road

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

 

RESOLVED, that the attached Quitclaim Deed and Easement Agreement from Peter J. Carras and Barbara D. Carras, to the City of Midland, for the right of way for future Sugnet Road extended westerly from Main Street, in Section 7, T. 14 N., R. 2 E., is hereby accepted and that the Quitclaim Deed and Easement Agreement are ordered recorded; and

RESOLVED FURTHER, that said Quitclaim Deed area shall be used for public street right of way purposes and that the Easement Agreement is for public utilities lying adjacent to the street right of way.  (Motion adopted.)

 

Warranty Deed for Terra Drive Turn-around

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

 

RESOLVED, that the attached Warranty Deed from The Herbert H. and Grace A. Dow Foundation, to the City of Midland, for the right of way for the turn-around at the west end of Terra Drive, in Section 8, T. 14 N., R. 2 E., is hereby accepted and that the Warranty Deed is ordered recorded; and

RESOLVED FURTHER, that said right of way shall be used for public street purposes.  (Motion adopted.)

 

Alex’s Greek Kitchen – On-premises Banquet Facility Permit Request

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

 

RESOLVED, that the request from B B BANUCKS, INC. FOR A NEW ON-PREMISES BANQUET FACILITY PERMIT WITH ENTERTAINMENT PERMIT TO BE HELD IN CONJUNCTION WITH 2002 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED AT 5103 EASTMAN, SUITE 167, MIDLAND, MI  48642, MIDLAND COUNTY.

be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion adopted.)

 

Joint Building Authority Annual Financial Report

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

 

RESOLVED, that the Annual Financial Statement and Auditor’s Report for the City and County of Midland Joint Building Authority for the year ended June 30, 2002 is hereby received and ordered filed for public examination.  (Motion adopted.)

 

Midland Municipal Employees Association Labor Contract

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Municipal Employees Association for labor contract changes effective upon ratification by the Council and expiring June 30, 2005; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the benefit changes identified in the contract.  (Motion adopted.)

 

HVAC Maintenance Agreement

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

 

WHEREAS, the City has previously used a variety of suppliers to maintain the HVAC equipment at the Library, Riverside Place, and Washington Woods totaling $103,864 annually; and

WHEREAS, bids were received in accord with City Ordinance Section 22-18 for combining the needs of all three buildings; and

WHEREAS, J.E. Johnson Contracting has submitted the lowest bid compliant to the City’s published requirements at $83,422.87 for the first year with annual increases at 2.5% for a 5-year period, now therefore

RESOLVED, that City Council awards the annual HVAC maintenance service to J.E. Johnson Contracting for the three locations and authorizes the Mayor and City Clerk to sign the attached agreements.  (Motion adopted.)

 

Annual Purchase of Bituminous Materials

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in several Local and Major Street Fund budgets; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Pyramid Paving of Essexville, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture #2 for hot mix patching at a cost of $23.60 per ton is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order in accord with this resolution, the proposal selected and City specifications, and if the authorized vendor cannot provide the materials in a timely manner, purchases are hereby authorized from the second low bidder.  (Motion adopted.)

 

Annual Purchase of Liquid Calcium Chloride

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing approximately 15,000 gallons of 30% liquid calcium chloride and approximately 60,000 gallons of 38% liquid calcium chloride for a one year period; and

WHEREAS, sufficient funding for the purchase of these materials, which are used for snow, ice and dust control, have been provided in various Local Street Fund and Major Street Fund budgets and the total amount of purchases will not exceed the funding available; now therefore

RESOLVED, that the single sealed proposal meeting City specifications submitted by Liquid Calcium Chloride Sales, Inc. of Kawkawlin, Michigan of $0.227 per gallon for furnishing the 30% liquid calcium chloride and $0.308 per gallon for furnishing the 38% liquid calcium chloride, both from the Bay City terminal, is hereby accepted; and the Purchasing Agent is authorized to issue a purchase order in accord with the proposal and City specifications.  (Motion adopted.)

 

Annual Purchase of Concrete

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Allied Concrete Products, Inc. of Midland, Michigan for furnishing a twelve month supply of concrete and related materials at the unit prices contained in their November 26, 2002 response to our Bid #2636 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that if the authorized vendor cannot provide the materials without causing non-productive crew time, the Director of Public Services may decide to make purchases from the alternate vendor, Fisher Sand & Gravel, Inc. of Midland, Michigan in accordance with their response to Bid #2636.  (Motion adopted.)

 

Contracted Legal 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, 2001 and 2002 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 November 11, 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 $4,225,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; 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 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 $5,000,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $540,000 within the 2002-2003 budget from the Appraisal Fees account in the MCV Tax Appeal activity to the Legal Fees account in the MCV Tax Appeal activity.  (Motion adopted.)

 

Storm Water Improvements – Design and Construction Proposal

Noel Bush, Director of Utilities, presented information regarding the Storm Water Improvements Design and Construction Proposal.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, a public hearing was conducted on Monday, October 14, 2002, on the Phase 4 Storm Sewer System Update Report, and the report contained recommendations for storm sewer improvements to be made to the George Street Basin; and

WHEREAS, following the hearing the City Manager was directed by City Council to:  1) undertake a process to obtain the services of a consulting engineer to develop preliminary design and detailed cost estimates, and 2) prepare a financial plan following the completion of this preliminary engineering work; and

WHEREAS, the improvement project will provide for a new relief sewer and second river outlet for the George Street Basin, involving the installation of large diameter pipe starting at State Street and the Tittabawassee River, and continue to the greenbelt between Buttles and Indian Streets and follow the greenbelt to Bayliss Street; and

WHEREAS, the immediate funding needed for this project is comprised of $10,000 for the City Engineering Department labor, $20,000 for Value Engineering, and $45,000 for Engineering Assistance, for a total engineering cost of $75,000; and

WHEREAS, staff recommends that value engineering commence immediately by obtaining the professional services of Rama, Rao and Alfred to perform this work at an amount not to exceed $20,000; and

WHEREAS, it is further recommended that the City authorize a purchase order to Hubbell, Roth and Clark of Bloomfield Hills, Michigan for professional services in the amount of $45,000 to provide for engineering assistance; and

WHEREAS, funds for the immediate engineering needs can be made available in the fiscal 2002/03 Storm Water budget by transferring $50,000 from the Storm Sewer Separation Project and $25,000 from the 2002/03 Storm Water - Contingency account; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer funds into the Storm Water Improvement project from the Storm Sewer Separation Project ($50,000) and $25,000 from the 2002/03 Storm Water - Contingency account; and

RESOLVED FURTHER, that the value engineering services of Rama Rao and Alfred in the amount of $20,000 is hereby approved and a purchase order is authorized; and

RESOLVED FURTHER, that the engineering assistance service of Hubbell, Roth and Clark in the amount of $45,000 is hereby approved and a purchase order is authorized; and

RESOLVED FURTHER, the City Manager has the authority to approve change orders modifying or altering these purchase orders in aggregate amounts not to exceed $5,000 for each purchase order.  (Motion adopted.)

 

Wastewater Flow Monitoring Study – Change Order

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

 

WHEREAS, on August 23, 1999, the Midland City Council entered into an Administrative Consent Order (ACO) with the Michigan Department of Environmental Quality (MDEQ) as a result of a settlement arising from allegations by the MDEQ of sewer discharge violations; and

WHEREAS, the monitoring results compiled up to the submittal due date to MDEQ were insufficient, the City requested and was granted an extension of one year, making the new submittal deadline May 1, 2003; and

WHEREAS, staff requests that a change order be made for the additional flow monitoring assistance in the amount of $30,000, bringing the Flow Monitoring Study portion of the purchase order to Hubbell, Roth & Clark to be $68,400; and

WHEREAS, funds can be made available by transferring $30,000 to project WW0002 – ACO Flow Monitoring from the fiscal 2002/03 Wastewater budget capital account for Plastic Media; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer funds into WW0002 – ACO Flow Monitoring from the fiscal 2002/03 Wastewater budget capital account for Plastic Media; and

RESOLVED FURTHER, a change order to the existing Hubbell, Roth & Clark purchase order in the amount of $30,000 is hereby authorized, bringing the total Flow Monitoring Study portion of the purchase order to $68,400.  (Motion adopted.)

 

M.Co.Net Intergovernmental Fiber Consortium Agreement

John Birchmeier, Information Services Director, presented information on a countywide fiber network that will connect the City of Midland to the Midland County Educational Service Agency, Midland Public Schools, Meridian Public Schools, Bullock Creek Public Schools, Coleman Public Schools and Midland County.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City has recognized the need for a shared fiber optics network (M.Co.Net) joining their facilities to a county-wide network that includes the Midland County Educational Service Agency (MCESA), school districts, and Midland County for the transmission of voice, video and data; and

WHEREAS, the City has demonstrated need for this network to improve communication performance and provide the infrastructure for future projects; and

WHEREAS, the participation of the MCESA, Midland County, and certain philanthropic foundations render the project cost-effective; and

WHEREAS, MCL Section 124.501 et seq permits cities, counties, and school districts to enter into inter-local agreements to make the most efficient use of their powers for the mutual advantage of all entities; and

WHEREAS, funds have been budgeted in the 2002-03 Information Services budget for capital purchases related to electronics equipment to attach to the fiber network; and

WHEREAS, in recognizing these facts, the City desires to enter into an operating and inter-local agreement which provides for the joint use of such network; now therefore

RESOLVED, that the City Council authorizes the City Clerk and Mayor to enter into the M.Co.Net Inter-local Agreement.  (Motion adopted.)

 

Joint Meeting with the Parks and Recreation Commission

Council set a special meeting on January 27, 2003, at 6:00 p.m. for the purpose of holding a joint meeting with the Parks and Recreation Commission.

 

Being no further business the meeting adjourned at 10:18 p.m.

 

 

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            Penny K. Kovacevich, City Clerk