January 27, 2003

 

A regular meeting of the City Council was held on Monday, January 27, 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 January 13, 2003 regular and January 16, 2003 special meetings was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

PILOT for Chippewassee Court Phase II

Robert Fisher, Director of Fiscal Services, presented an ordinance for second reading that would provide for Payment in Lieu of Taxes (PILOT) for Chippewassee Court Phase II.  The proposed 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.  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.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. 1557

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

 

PUBLIC COMMENTS

Richard McCreadie, 2700 Washington, suggested Council consider changing the odd year City Council Election to even year elections.  Mr. McCreadie also commented on the declining air travel at MBS International Airport and indicated he hoped Council would do something to save the airport.  Mayor Black requested the City Clerk research the idea of changing the odd year City Council Election to an even year election.

 

Civic Arena Design Services

Martin McGuire, Director of Public Services, presented information on the proposal to secure design services for a new Civic Arena.  William Bartlett, 807 Hollybrook, Chair of Fast Ice, expressed excitement over the progress on the project and was in complete agreement with hiring Suburban Hockey to develop revenue and expenditure projections for a new Civic Arena.  Ann Ward, 5712 Windy Gyle, of Fast Ice Fund Raising Committee, gave a brief overview of their fund raising plans.  Cornelius O’Connell, 3113 W. Nelson, spoke in opposition to a new Civic Arena.  Mr. O’Connell supported renovations to the current Civic Arena.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Council has received a report recommending that the City engage the services of Suburban Hockey to develop revenue and expenditure projections for a new Civic Arena; and

WHEREAS, Section 2-19 of the Midland City Code of Ordinances provides that sealed proposals shall not be required for purchases or contracts for professional services; now therefore

RESOLVED, that the City Council hereby directs the staff to negotiate a contract with Suburban Hockey to provide Civic Arena professional services.  (Motion adopted.)

 

Sale of House at 3512 West Wackerly Street

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

 

WHEREAS, the City of Midland desires to enter into a contract for the sale of a newly constructed house at 3512 West Wackerly Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated November 11, 2002, was submitted by Michael O. Sullivan, in the amount of  $143,000.00, which is the appraised value of the home; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City.  (Motion adopted.)

 

Cable Franchise Agreement Extension

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

 

WHEREAS, the City of Midland, Michigan granted a non-exclusive cable television franchise agreement for a term of fifteen (15) years to Gerity Cablevision on January 30, 1984; and

WHEREAS, the City approved the transfer of the Franchise to Bresnan Communications Company Limited Partnership by resolution duly passed and adopted at a meeting of the City Council held on November 17, 1986; and

WHEREAS, on November 18, 1998 the City and Bresnan entered into a three (3) year extension of the current Franchise term with the current terms and conditions of the Franchise continuing in full force and effect, which extension shall expire on January 30, 2002, or until a renewal franchise is executed and approved, whichever occurs first; and

WHEREAS, the City approved the transfer of the Franchise from Bresnan to Charter Communications Holding Company, LLC by resolution duly passed and adopted at a meeting of the City Council held on January 10, 2000; and

WHEREAS, on January 30, 2002 the City and Charter entered into a one (1) year extension of the current Franchise term with the current terms and conditions of the Franchise continuing in full force and effect, which extension shall expire on January 30, 2003, or until a renewal franchise is executed and approved, whichever occurs first; and

WHEREAS, Charter is willing to enter into a six (6) month extension of the current Franchise term with the current terms and conditions of the Franchise continuing in full force and effect, which extension shall expire on July 30, 2003, or until a renewal franchise is executed and approved, whichever occurs first; and

WHEREAS, both the City and Charter agree to continue to negotiate in good faith concerning possible renewal of the Franchise during the aforementioned extension and to enter into a new franchise at such time that an agreement is reached; and

WHEREAS, the City and Charter agree that as a result of agreeing to extend the term of the Franchise, neither party shall be deemed to have waived any of its rights or obligations under Section 626 of the Federal Communications Act of 1934, as amended, (47 USC, Section 546) nor any of its rights or obligations under the Franchise agreement; now therefore,

RESOLVED, in consideration of the foregoing, the Mayor and City Clerk are hereby authorized to execute the attached agreement to extend the term of the Franchise by an additional six (6) months, for a total franchise term of nineteen (19) years and six (6) months.  (Motion adopted.)

 

Wintergreen Estates No. 12 – Time Extension for Completion of Sidewalk

Jon Lynch, Director of Planning and Community Development, presented information on a request from Morley Blackhurst, President of Wintergreen Associates, to extend the time for completion of sidewalks in Wintergreen Estates No. 12.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, a written request has been received from Morley Blackhurst on behalf of Wintergreen Associates, proprietor of Wintergreen Estates No. 12 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Wintergreen Estates No. 12 until November 30, 2003, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by February 17, 2003, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

Hearthstone Estates Subdivision No. 2 – Time Extension for Completion of Sidewalk

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

 

WHEREAS, a written request has been received on behalf of John Rapanos and Judith Rapanos, proprietors of Hearthstone Estates Subdivision No. 2 to extend the period of time to complete sidewalk installation within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Hearthstone Estates Subdivision No. 2 until November 23, 2004.  (Motion adopted.)

 

Woodview Pass Estates No. 1 – Time Extension for Completion of Sidewalk

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

 

WHEREAS, a written request has been received from John Rapanos on behalf of Apollo Ventures, Inc., proprietor of Woodview Pass Estates No. 1 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Woodview Pass Estates No. 1 until November 23, 2003, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by February 17, 2003, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

Woodview Pass No. 4 – Time Extension for Completion of Sidewalk

Jon Lynch, Director of Planning and Community Development, presented information on a request from John Rapanos, on behalf of Prodo, Inc., to extend the time for completion of sidewalks in Woodview Pass No. 4.  A resolution to approve the extension was offered by Council Member Griggs and seconded by Council Member Currie.  Council Member Wazbinski expressed concern over the time extension for all sidewalks within Woodview Pass No. 4.  Council Member Wazbinski suggested Council consider ordering the placement of sidewalks to the south (Lots 29 and 31) of Woodview Pass.  Council Member Wazbinski moved, seconded by Council Member Currie, to amend the resolution by approving the extension of time for placement of sidewalks on Lots 36, 37, 41, 43, 44 and 47 within Woodview Pass no. 4.  until October 15, 2003 and that the extension of time for placement of sidewalks on Lots 29 and 31 not be granted and sidewalks completed.  The following amended resolution was then presented for consideration:

 

WHEREAS, a written request has been received on behalf of John Rapanos, on behalf of Prodo, Inc., proprietor of Woodview Pass No. 4 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks on lots 36, 37, 41, 43, 44 and 47 within Woodview Pass No. 4 until October 15, 2003; and be it further

RESOLVED, that the extension of time to complete sidewalks on lots 29 and 31 of Woodview Pass No. 4 is not granted and Council hereby orders that sidewalks on lots 29 and 31 of Woodview Pass No. 4 be completed.  (Motion adopted.)

 

Sand Hauling - Landfill

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

 

WHEREAS, on November 26, 2002 sealed bids for Bid No. 2635, Class II Sand were advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bid proposal submitted by Pat's Gradall of Midland in the amount of $4.00 per cubic yard was accepted; and

WHEREAS, on January 21, 2003 City Landfill staff learned that approximately 20,000 yards of washed classified sand from the General Motors Corporation in Saginaw could be hauled to the Landfill by Doc Heinz Contracting of Saginaw at a cost of $3.21 per cubic yard, the same price that was paid by the Landfill in 1999; and

WHEREAS, funding for this proposed contract is available in the Project LF0202-New Cell Development #15; now therefore

RESOLVED, that the proposal by Doc Heinz Contracting is hereby accepted and authorization is given for a purchase order in an amount not to exceed $64,200 ($3.21 x 20,000 yards) for the hauling of washed classified sand to the City of Midland Landfill.  (Motion adopted.)

 

St. Charles Softball Complex – Electrical Design Services

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

 

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order in the amount of $26,200 for electrical design services in connection with the St. Charles Softball Complex project.  (Motion adopted.)

 

Planned Unit Development No. 15

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of the Preliminary Plan for Planned Unit Development No. 15, the request of Clifford Reese of Shiloh Land Development, LLC for Carolina Cove Condominiums; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 10, 2003, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of approval of a preliminary plan for Carolina Cove Condominiums, Planned Unit Development No. 15 of 47 residential units in 30 buildings, to be built on 6.74 acres west of Abbott Road north of Betsey Drive and south of Alta Court; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area by transmitting notice on January 31, 2003 and to publish said notice on February 1, 2003.  (Motion adopted.)

 

Proposed 2002-03 Washington Woods Fund Budget Amendment

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, February 10, 2003, in the Council Chambers of City Hall on the proposal to amend the 2002-03 Washington Woods Fund budget to increase expenditures for Buildings & Additions in the amount of $38,500, and directs the City Clerk to give notice as provided in Section 11.4 and 5.11 of the Charter of the City of Midland.  (Motion adopted.)

 

City Manager – Annual JPR

Mayor Pro Tem Wazbinski reported on the job performance review conducted by Council for City Manager Karl S. Tomion.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $112,500 annually to $116,000 effective January 27, 2003; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

City Attorney – Annual JPR

Mayor Pro Tem Wazbinski reported on the job performance review conducted by Council for City Attorney James O. Branson III.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the salary of James O. Branson III, City Attorney, is amended to recognize a salary increase from $88,000 annually to $97,000 effective January 27, 2003; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

NEW BUSINESS

Council Member McKeag requested the City Manager look into how many City employees are involved in the recent military movement and look into the City possibly making up the difference in pay between military wages and their normal wages and that medical insurance be kept up for these employees while on military leave.  Council then requested staff look into the possibilities. 

 

Being no further business the meeting adjourned at 8:34 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk