February 24, 2003

 

A regular meeting of the City Council was held on Monday, February 24, 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 February 10, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

2002-03 Major Street Maintenance Fund Budget Amendment

Robert Fisher, Director of Fiscal Services, presented information on an amendment to the 2002-03 Major Street Maintenance Fund budget to recognize unanticipated revenues from construction refunds.  A public hearing opened at 7:10 p.m., no comments were made, the hearing closed at 7:11 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

RESOLVED, that in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice and having conducted a public hearing on Monday, February 24, 2003, on the proposal to amend the Major Street Maintenance Fund’s 2002-03 budget to recognize $260,990 of unanticipated revenues from construction refunds, and to increase appropriations by $207,418 to transfer additional funds to the Major Street Construction Fund; now therefore

RESOLVED, that the 2002-03 budget of the Major Street Construction Fund be amended to increase revenues by $260,990 and increase appropriations by $207,418.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Recreation Programs – Ordinances Amending Fees

Martin McGuire, Director of Public Services, presented information on amendments to Parks and Recreation Fees for the Civic Arena, Golf Course and General Recreation.  Paul Handt, 5101 Highridge Court, commended Council on the new golf course indicating the new course was perfect for Midland, he also indicated he thought the cart fee was still high for those who already had golf carts and was critical of loss of play last year because of the condition of the golf course.  The following three ordinance amendments were then presented for consideration.

 

Civic Arena Fees Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amending Civic Arena fees was offered by Council Member Currie 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 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                        DIVISION 1.  CIVIC ARENA

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

        (1)      Individual Ice Skaters                    $         3.00                  per session

                  $.25 per skater surcharge, earmarked for improvements or new facility           

        (2)      Skating Pass (25 Admissions)     $       65.00                  per pass

                  $6.25 per pass surcharge, earmarked for improvements or new facility

        (3)      Skate Rental                                 $         1.50                  per session

        (4)      Rink Rental                                   $     130.00    133.00   per hour

                  $15.00 per hour surcharge, earmarked for improvements or new facility

        (5)      Rink Rental (M-F, 8am-2pm)        $       93.00      96.00   per hour

                  $11.00 per hour surcharge, earmarked for improvements or new facility

        (6)      Summer Rink Rental                    $     140.00    143.00   per hour

                  $8.00 per hour surcharge, earmarked for improvements or new facility

        (7)      Non-Ice Rental (Full Building)       $  1,250.00                  per day

        (8)      Non-Ice Rental (1/2 Building)        $     625.00                  per day

        (9)      Non-Ice Rental (1/4 Building)        $     350.00                  per day

Note: surcharge effective August 15, 2002 and shall be placed in a Trust and Agency Fund

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

 

Golf Course Fees Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amending Golf Course fees was offered by Council Member Currie 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 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

CHAPTER 21

Article II. PARKS AND RECREATION FEES

DIVISION 2.  GOLF COURSE

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

  (1)   Regular: 9-hole, Weekday, East & West Course                                 $      10.00           per play

         Regular: 9-hole, Weekend, East Course                                              $      11.00           per play

         Regular: 9-hole, Weekend, West Course                                             $      15.00           per play

  (2)   Regular: 18-hole, Weekday, East & West Course                               $      18.00           per play
         Regular: 18-hole, Weekend, East Course                                            $      20.00           per play

         Regular: 18-hole, Weekend, West Course                                           $      28.00 27.00 per play

  (3)   Senior: 9-hole (7:00 a.m. - 3:00 p.m., M - F), East & West Course     $        7.00           per play

  (4)   Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M - F), East & West Course    $      12.00           per play

  (5)   Twilight golf, East & West Course                                                        $        7.00           per play

  (6)   Winter rate (November 1 – March 1), East & West Course                 $        5.00           per day

  (7)   Regular: Par 3                                                                                        $        5.00           per play

  (8)   Senior and youth: Par 3                                                                         $        3.50           per play

  (9)   20-play pass, Weekday only                                                                  $    190.00           per pass

(10)   Unlimited Play: East & West Course

                  Single season pass                                                                      $    590.00           per pass

                  Double season pass                                                                     $    945.00           per pass

(11)   Restricted Play: With West Course weekend differential                    

                  Single season pass                                                                      $    540.00           per pass

                  Double season pass                                                                     $    865.00           per pass

                  West Course weekend differential, 9 holes                                  $        5.00           per play

                  West Course weekend differential, 18 holes                                $      10.00 9.00   per play

(12)   Senior Unlimited Play: East & West Course

                  Single season pass                                                                      $    535.00           per pass

                  Double season pass                                                                     $    855.00           per pass

(13)   Senior/Youth Limited: 9 holes weekday before 3:00 p.m. with differential for non-discounted times

                  Single season pass                                                                      $    340.00           per pass

                  Double season pass                                                                     $    545.00           per pass

                  Weekend differential, East 9                                                         $        4.00           per play

                  Weekend differential, West 9                                                       $        8.00           per play

                  Weekend differential, East 18                                                       $        8.00           per play

                  Weekend differential, West 18                                                     $      16.00 15.00  per play

                  Weekday differential, 9                                                                 $        3.00           per play

                  Weekday differential, 18                                                               $        6.00           per play

(14)   Trail Fee (Private carts, when owner or members of immediate family is present)
                  Season Pass                                                                                $  220.00     per pass
                  Daily Pass                                                                                     $      5.00     per pass

EXCEPTION:  IN ORDER TO FAIRLY COMPETE WITH NON-MUNICIPAL COURSES FOR GOLF OUTINGS, THE DIRECTOR OF PUBLIC SERVICES IS AUTHORIZED WITH THE APPROVAL OF THE CITY MANAGER TO REDUCE THESE FEES ON A DISCRETIONARY BASIS FOR GOLF OUTINGS HAVING A MINIMUM OF 40 GOLFERS.

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

 

General Recreation Fees Ordinance Amendment (1st reading)

Introduction and first reading of the following ordinance amending General Recreation fees was offered by Council Member Currie 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 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                              DIVISION 4.  GENERAL RECREATION

Sec. 21-73.  General recreation fees

        (1)      Adult softball player                                                   $   18.00      per player

        (2)      Adult softball player (2nd team)                                  $   10.00      per player       


(3)   ADULT SOFTBALL PLAYER – FALL LEAGUE                  $     5.00      per player

        (4)      Each softball team in individual tournaments           $   20.00      per team

        (5)      Youth softball player                                                  $     4.00      per player

        (6)      Adult baseball player                                                 $   10.00      per player

        (7)      Adult soccer player                                                    $     5.00      per player

        (8)      Adult soccer team                                                     $   20.00      per team

        (9)      Youth soccer player                                                  no charge              

        (10)    Rugby player                                                             $     6.00      per player

        (11)    Ski rental (each 2 hours or part thereof)                   $     6.00      per 2 hours

        (12)    Toboggan rental (per hour – 2 hour maximum)        $     4.00      per hour

        (13)    Chalet building rental (2 hour minimum)                   $   25.00      per hour

                  After 2 hour minimum                                                $   15.00      per hour

        (14)    Currie West Clubhouse rental (2 hour minimum)    $  50.00     per hour

                  After 2 hour minimum                                             $   35.00     per hour

        (15)    Picnic kit deposit                                                       $   15.00      per kit

        (16)    Summer play program (entire 8 week program)      no charge

        (17)    Summer play program (per day charge)                  no charge

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

 

2003 Annual Sidewalk Report

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

 

RESOLVED, that in accord with Section 22-17 of the Code of Ordinances, the 2003 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion adopted.)

 

City Manager’s Annual Liquor License Report

Jack Duso, Assistant City Manager, presented information on the City Manager’s report on the status of liquor licenses.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, Section 15-250 of the City of Midland Code of Ordinances directs the City Manager to submit an annual review of each liquor licensee to the City Council; and

WHEREAS, said annual review has been prepared and reports that all licensees have complied with the provisions of Article VII of Chapter 15 of the Code of Ordinances with the exception of Bushey’s Bar, which has been cited for five liquor license violations over the past two year period; and

WHEREAS, based upon the attached annual review, it is recommended that the City Council adopt a zero tolerance policy for Bushey’s Bar for the next 12 months, during which time Bushey’s Bar must not be cited for any violation or the City Council will initiate its process to recommend to the Liquor Control Commission revocation of the Bushey’s Bar license; now therefore

RESOLVED, that in accord with Section 15-250 of the City of Midland Code of Ordinances, the annual review of liquor licensees is hereby received and ordered filed in the Office of the City Clerk; and

RESOLVED FURTHER, that the City Council hereby adopts a zero tolerance policy for the Bushey’s Bar liquor license for the next 12 months beginning February 25, 2003 during which time if Bushey’s Bar is cited for any violation, then the City Manager shall initiate the revocation process in Division 3 of Article VII of Chapter 15 of the Code of Ordinances; and

RESOLVED FURTHER, that the City Manager is hereby authorized and directed to notify the owner of Bushey’s Bar liquor license of said zero tolerance policy.  (Motion adopted.)


Dow Chemical Company – Time Extension to Complete IFT Certificate No. 2000-670

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

 

WHEREAS, pursuant to Section 15(2) of the Michigan Plant Rehabilitation and Industrial Development Districts Act (Act 198 of the Public Acts of 1974 as amended) the State Tax Commission can authorize a time greater than two (2) years after the effective date of an Industrial Facilities Exemption Certificate (IFT) for good cause; and

WHEREAS, The Dow Chemical Company has requested an extension of time until December 31, 2003 to complete the project identified by IFT No. 2000-670 because capital spending for the project was placed on hold in December 2000 due to economic conditions; capital spending on the project resumed in July 2002 with the project scheduled for completion in July 2003; and

WHEREAS, the City Council of the City of Midland finds good cause for this delay has been demonstrated by The Dow Chemical Company; now therefore

RESOLVED, that the City Council of the City of Midland does hereby approve the request by The Dow Chemical Company to extend the completion date of the project identified by Industrial Facilities Exemption Certificate No. 2000-670 to December 31, 2003; and

RESOLVED FURTHER, that the City Council of the City of Midland does hereby request the State Tax Commission to authorize an extension of the completion date of the project identified by Industrial Facilities Exemption Certificate No. 2000-670 to December 31, 2003.  (Motion adopted.  (Motion adopted.)

 

City & County of Midland Joint Building Authority Bond Refinancing

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

 

WHEREAS, the City Council of the City of Midland (the “City”) deems it necessary and advisable for the City that the City and County of Midland Joint Building Authority (the “Authority”), a public corporation organized and existing under authority of Act 31, Public Acts of Michigan, 1948, as amended, of which the City is a constituent member, refund its outstanding obligations; and

WHEREAS, the Authority proposes to issue its Building Authority Refunding Bonds, Series 2003 (the “Bonds”) to pay the cost of said refunding; and

WHEREAS, it is reasonable and necessary to allocate the principal amount of the Bonds in excess of the principal amount of the refunded bonds among the members of the Authority for purposes of Section 265 (b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended; and

WHEREAS, in order to market the Bonds it is necessary for the City to covenant to comply with Securities and Exchange Commission Rule 15c2-12 (the “Rule”).

NOW THEREFORE, BE IT RESOLVED THAT:

1.         City and County of Midland Joint Building Authority Refunding Bonds, Series 2003 in the presently estimated principal amount of $2,750,000 be and is hereby allocated among the members of the Authority as set forth in Exhibit A attached thereto and made part hereof.

2.         The City hereby covenants to comply with the Rule and hereby designates the City’s Finance Director as its “Disclosure Representative” in accordance with the Rule.  The City Finance Director be and is hereby directed to provide continuing disclosure in accordance with the Rule.

3.         All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion adopted.)

 

PILOT - Charter Square and Green Hill Apartments – Request for Changes Postponed

Robert Fisher, Director of Fiscal Services, presented information on a request from Altman Management Company for changes in terms of PILOT (Payment in Lieu of Taxes) for Charter Square Apartments and Green Hill Apartments.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

WHEREAS, a request has been received from Altman Management Company, manager of Charter Square Apartments and Green Hill Apartments, for consideration of changes in the terms of the Payment In Lieu of Taxes (PILOT) status granted to these facilities in 1979; and

WHEREAS, City Council has requested a staff report to evaluate the impact of the PILOT program on housing in Midland; now therefore

RESOLVED, that consideration of said request from Altman Management Company is hereby postponed until after said staff report has been received and reviewed by City Council.  (Motion adopted.)

 

Traffic Control Order No. P-02-13

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

 

RESOLVED, that Traffic Control Order No. P-02-13 filed November 22, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That parking shall be allowed on both sides of Maryland Street from Carolina Street to 1501 Maryland Street.

is hereby made permanent.  (Motion adopted.)

 

Purchase – Two Toro Mowers

The following resolution was 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 Toro Greensmaster 3150 and a Toro Reelmaster 6700-D with trade-in, Bid No. 2649; and

WHEREAS, sufficient funding is included in the 2002-03 Equipment Revolving Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors of Auburn Hills, Michigan in the net amount of $57,642.00 for the purchase of one Toro Greensmaster 3150 and one Toro Reelmaster 6700-D, including trade-in of city equipment number 4-86, in accordance with the proposal and City specifications.  (Motion adopted.)

 

Purchase – Wide Area Mower

The following resolution was 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 wide area mower with trade-in, Bid No. 2650; and

WHEREAS, sufficient funding is included in the 2002-03 Equipment Revolving Fund budget for Capital Outlay; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Distributors of Auburn Hills, Michigan in the net amount of $42,691.00 for the purchase of a wide area mower, including trade-in of equipment number 4-53 in accordance with the proposal and City specifications.  (Motion adopted.)

 

Sidewalk Replacement Program

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the 2003 “Sidewalk Replacement Program”, Bid No. 2644; and

WHEREAS, funding for this project in the amount of $80,000.00 is included in the 2002-03 Fiscal Year General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk Construction”; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Sova and Sons Contracting of Midland, Michigan in the amount of $80,000.00 for sidewalk replacement from April 2003 through June 2003, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to Sova and Sons Contracting in the amount of $79,490.00 for sidewalk replacement from July 2003 through December 2003 provided that funds are appropriated.  (Motion adopted.)

 

Suburban Hockey Agreement – Civic Arena Project

Martin McGuire, Director of Public Services, presented information on a proposed agreement with Suburban Hockey of Farmington Hills, Michigan for services as an Owner’s Representative.  Council Member McKeag voiced concern over the possible expense and requested that the Owner’s Representative price out the repair of the current Civic Arena as well as a new complex.  Council Member McKeag submitted questions he would like to see included in the report by the Owner’s Representative.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, on January 27, 2003 the City Council authorized the staff to negotiate a contract with Suburban Hockey for services as an Owner’s Representative on the Civic Arena project; and

WHEREAS, a contract has been proposed by the City Attorney outlining the responsibilities of both parties; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement with Suburban Hockey of Farmington Hills, Michigan for services as an Owner’s Representative in the amount of $70,000.  (Motion adopted.)

 

2003 St. Andrew Reconstruction; Contract No. 2

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of St. Andrews Road from Saginaw Road to Washington Street; and

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

RESOLVED, that the low sealed proposal submitted by Midland Contracting Company of Carrollton, Michigan, for the "2003 St. Andrews Reconstruction; Contract No. 2", in the indicated amount of $201,202.05, 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.)

 

2003 Coolidge Drive Reconstruction & Water Main Replacement; Contract No. 6

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the street reconstruction and water main replacement on Coolidge Drive from Van Buren Street to Washington Street; 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 Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2003 Coolidge Drive Reconstruction and Water Main Replacement; Contract No. 6", in the indicated amount of $276,043.50, 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.)

 

Norlight Telecommunications Agreement

Bradd Maki, Assistant City Engineer, presented information on a telecommunications agreement with Norlight Telecommunications.  Upon the effective date of the METRO Act, municipalities were required to adopt a telecommunications ordinance in compliance with the METRO Act if they wished to participate in the reimbursement of funds collected by the State from telecommunication providers.  All telecommunications providers within the City of Midland will be required to sign an agreement prior to April 29, 2003.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council has previously approved the use of a new telecommunications agreement format based on recent State requirements, known as the METRO Act, for telecommunications agreements; and

WHEREAS, current telecommunications providers must comply with the new telecommunications agreement format; and

WHEREAS, a new telecommunications agreement was submitted by Norlight Telecommunications for approval by the City Council; and

WHEREAS, the new telecommunications agreement complies with new State requirements; and

WHEREAS, the revised telecommunications agreement is established for the purpose of requiring the telecommunications provider to make annual payments to the State as required for installing and maintaining an underground and overhead fiber optic system and for uses intended in the telecommunications agreement; and

WHEREAS, the State will distribute payments received to the City; and

WHEREAS, the City Engineer and City Attorney have reviewed the telecommunications agreement process and recommend that authorization be granted to the City Manager or his designee to approve telecommunications agreements on behalf of the City Council; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the license agreement with Norlight Telecommunications on behalf of the City of Midland as approved by the City Attorney; and

RESOLVED FURTHER, that the City Manager or his designee is hereby authorized to execute future telecommunications agreements on behalf of the City upon review and approval of the City Attorney.  (Motion adopted.)

 

Payment – Contracted Appraisal Services (Dow Chemical Tax Appeal)

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

 

WHEREAS, The Dow Chemical Company has appealed the assessed and taxable value for three individual parcels for the 1999, 2000, 2001 and 2002 tax years with the Michigan Tax Tribunal with case numbers of 270871, 270872 and 270873; and

WHEREAS, two of the cases settled, specifically case numbers 270871 and 270873, however, the trial in the third case, case number 270872, just recently concluded; and

WHEREAS, the appraisal firm of Terzo & Bologna, Inc. is both qualified and available to perform the necessary and continued appraisal services on this remaining isolated parcel of property owned by The Dow Chemical Company; and

WHEREAS, on October 28, 2002, Council authorized payments to Terzo & Bologna, Inc. for services in a total amount not to exceed $100,000; and

WHEREAS, the cost of continuing and finalizing said services is expected to exceed the previously approved amount and therefore approval for the increased amount is required by the City Council pursuant to Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2002-2003 general fund budget for The Dow Chemical Company tax appeal case; 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 appeal is hereby increased to an amount not to exceed $113,000.00.  (Motion adopted.)

 

Payment - Contracted Legal Services (Dow Chemical & Dow Corning Tax Appeals)

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 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 Dow Chemical Company 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 firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on January 14, 2002, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $2,845,000; and

WHEREAS, the cost of continuing said legal 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;

WHEREAS, sufficient budgetary funding exists in the Legal Fees account in the Dow Corning Corporation Tax Appeal; now therefore

RESOLVED, that said 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 payment to the law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $3,345,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $400,000 within the 2002-2003 General Fund budget from the Legal Fees account in the Dow Corning Corporation Tax Appeal activity to the Legal Fees account in The Dow Chemical Tax Appeal activity.  (Motion adopted.)

 

IFT Application from Precision Torque Control, Inc.

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

 

RESOLVED, that an application dated January 21, 2003 was received January 24, 2003 from Precision Torque Control, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Eastwick Industrial Park Industrial Development District relating to new facilities for machinery and equipment with the facility intended to provide for the purchase of a CNC machine tool which will increase production capacity  in the amount of $278,534 relating to new facility approval to allow further expansion in the Eastwick Industrial Park Industrial Development District is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, March 10, 2003, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

IFT Application from Liquid Molding Systems, Inc.

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

 

RESOLVED, that an application dated February 7, 2003 was received February 7, 2003 from Liquid Molding Systems, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Eagleridge Industrial Development District No. 1 relating to new facilities for both real and personal property with the facility intended to provide for the construction of a 34,371 square foot building with office, lab and manufacturing space along with personal property including overhead cranes, chillers, storage cabinets and office furniture in the amount of $2,564,892 relating to new facility approval to allow further expansion in the Eagleridge Industrial Development District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, March 10, 2003, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Proposed Amendments to the 2002-03 Budgets & Financial Working Plans

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

 

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., Monday, March 10, 2003 in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Maintenance Fund, Local Street Maintenance Fund, Stormwater Management Fund, and Downtown Development Authority Fund for the 2002-2003 fiscal year, and to amend the financial working plans of the Golf Course Fund, Water Fund, Data Processing Operations Fund, and Service Center Rental Fund for the 2002-2003 fiscal year to reduce revenue from investment earnings, state shared revenue, and to reduce expenditures as follows:

 

Revenue

Expenditures

General Fund

 

 

  Investment earnings

$ 150,000

 

  State shared revenue

     70,000

 

  Reserve for contingencies

 

$220,000

Major Street Maintenance Fund

 

 

  Investment earnings

    10,000

 

  Reserve for contingencies

 

    10,000

Local Street Maintenance Fund:

 

  Investment earnings

      5,000

 

  Reserve for contingencies

 

       5,000

Stormwater Management Fund

 

 

  Investment earnings

      1,000

 

  Purchased services

 

     1,000

Downtown Development Authority

 

 

  Investment earnings

      4,000

 

  Reserve for contingencies

 

      4,000

Golf Course Fund

 

 

  Investment earnings

      8,000

 

  Reserve for contingencies

 

      8,000

Water Fund

 

 

  Investment earnings

  100,000

 

  Reserve for contingencies

 

    83,100

  Purchased services

 

    16,900

Data Processing Operations Fund

 

 

  Investment earnings

      8,000

 

  Reserve for contingencies

 

      8,000

Service Center Rental Fund

 

 

  Investment earnings

      2,500

 

  Reserve for contingencies

 

      2,500

(Motion adopted.)

 

Being no further business the meeting adjourned at 8:10 p.m.

 

 

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            Penny K. Kovacevich, City Clerk