March 10, 2003

 

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

 

PRECISION TORQUE CONTROL, INC. – IFT APPLICATION

Kathleen Paul, City Assessor, presented information on a request from Precision Torque Control, Inc. for an Industrial Facilities Tax Exemption Certificate.  A public hearing opened at 7:04 p.m.  Mike Scott, President of Precision Torque Control, Inc. brought samples of the product and gave a brief overview of how the product is used.  Katharine Czarnecki, Midland Economic Development Corporation, spoke in support of the request.  The hearing closed at 7:06 p.m.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the Eastwick Industrial Park Industrial Development District was established by resolution of the Midland City Council on December 18, 1989; and 

WHEREAS, Precision Torque Control, Inc. made an application dated January 21, 2003, which was received by the City Clerk on January 24, 2003, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $278,534, which consist of the purchase of a CNC machine tool which will increase production capacity with the same being located within the Eastwick Industrial Park Industrial Development District; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on March 10, 2003, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Precision Torque Control, Inc. for new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2015; and

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

 

LIQUID MOLDING SYSTEMS, INC. – IFT APPLICATION

Kathleen Paul, City Assessor, presented information on a request from Liquid Molding Systems, Inc. for an Industrial Facilities Tax Exemption Certificate.  A public hearing opened at 7:15 p.m. Stuart Brown, Vice President – Operations for Liquid Molding Systems, brought samples of the product produced and gave a brief overview of how the product is used.  Katharine Czarnecki, Midland Economic Development Corporation, spoke in support of the request.  The hearing closed at 7:20 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

WHEREAS, the Eagleridge Industrial Development District No. 1 was established by resolution of the Midland City Council on May 20, 2002; and       

WHEREAS, Liquid Molding Systems, Inc. made an application dated February 7, 2003, which was received by the City Clerk on February 7, 2003, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $2,564,892, which consist of $2,084,792 in land improvements and $480,100 in personal property for the construction of a 34,371 square foot building with office, lab, and manufacturing space along with new personal property including overhead cranes, chillers, storage cabinets and office furniture with the same being located within the Eagleridge Industrial Development District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on March 10, 2003, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

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

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

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from Liquid Molding Systems, Inc. for new facility approval within the Industrial Development District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2015; and

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

 

WEST MAIN STREET HISTORIC GUIDELINES AND STANDARDS FOR REVIEW

Jon Lynch, Director of Planning and Community Development, presented information on proposed amendments to the West Main Street Historic District Guidelines and Standards for Review.  The proposed resolution directs the West Main Street Historic District Commission to promptly consider an opinion from the State Historic Preservation Office addressing validity of State Tax Historic Preservation tax credits.  It also directs the West Main Street Historic District Commission to offer a recommendation regarding delegating authority for issuance of Certificates of Appropriateness to the Chief Building Official.  Mayor Black addressed the audience asking for comments.  A hearing opened at 7:34 p.m., no comments were made, the hearing closed at 7:35 p.m.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, on August 26, 2002 the Midland City Council directed the City Manager, or his appointee, to prepare for consideration and adoption by the City Council amendments to the West Main Street Historic District Ordinance to expand exempt classes of work, amendments to the West Main Street Historic District Guidelines and Standards for Review to include exempt classes of work, and a new checklist application form; and

WHEREAS, on December 16, 2002 the City Council accepted for filing a Staff Report to the City Manager dated November 27, 2002 and directed the West Main Street Historic District Commission to review the proposed amendments to the West Main Street Historic District Guidelines and Standards for Review dated December 12, 2002 and provide comments to the City Manager by March 1, 2003; and

WHEREAS, on February 19, 2003 the State Historic Preservation Office raised concerns that adoption of the proposed revisions could result in district homeowners not receiving state tax credits; and

WHEREAS, on February 27, 2003 the West Main Street Historic District Commission determined it should not take action until a legal opinion regarding the effect proposed changes will have regarding the state tax credit program from the attorney of the State Historic Preservation Office; now therefore

RESOLVED, that the City Council hereby directs the West Main Street Historic District Commission to promptly consider the opinion from the State Historic Preservation Office upon its availability and offer a recommendation regarding delegating authority for issuance of certificates of appropriateness to the Chief Building Official.  (Motion adopted.)

 

AMENDMENT TO 2002-03 BUDGETS & FINANCIAL WORKING PLANS OF SELECTED FUNDS

Robert Fisher, Director of Fiscal Services, presented information on an amendment to the 2002-03 budgets and financial working plans.  A public hearing opened at 7:42 p.m., no comments were made, the hearing closed at 7:43 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

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 public notice and having conducted a public hearing on Monday, March 10, 2003, 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

; now therefore

RESOLVED, that 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 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 be amended to reduce revenue from investment earnings and state shared revenue, and to reduce expenditures as shown above.  (Motion adopted.)

 

2002 SAFETY PROGRAM PROGRESS REPORT

Gussie Peterson, Safety and Health Manager, presented the 2002 City Safety Program Progress Report.

 

PUBLIC COMMENTS

Cathy Mapes, 1563 Beth Ann, a Dow Chemical Employee who had previously worked with the City’s Safety Committee, praised Ms. Peterson for her work on the City’s Safety Program and requested that congratulations be passed on to all employees involved in the Safety and Health Program.

 

 

 

 

RECREATION FEES – ORDINANCE AMENDMENTS

Martin McGuire, Director of Public Services, presented information on ordinance amendments for the Civic Arena, Golf Course and General Recreation.  Paul Handt, 5101 Highridge Court, commented on the bad golf course conditions in the year 2002 and felt that the pass holders were cheated because of these bad conditions.  The following three ordinance amendments were then presented for consideration.

 

CIVIC ARENA FEES

The following ordinance amending the Civic Arena fees was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1558

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        $        133.00             per hour

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

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

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

        (6)        Summer Rink Rental        $        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.  (Ordinance adopted.)

 

GOLF COURSE FEES

The following ordinance amending Golf Course fees was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1559

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    $      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           $             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 $      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.  (Ordinance adopted.)

 

GENERAL RECREATION FEES

The following ordinance amending General Recreation fees was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1560

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.  (Ordinance adopted.)

 

REAPPOINTMENT OF INCUMBENTS TO VARIOUS BOARDS AND COMMISSIONS

Selina Tisdale, Community Relations Coordinator, presented a review of the Boards and Commission’s selection policy.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the city staff has contacted all board and commission members whose terms expire June 30, 2003, to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2003 for three (3) year terms ending June 30, 2006

      Don Taylor            Aviation Advisory Commission

      Robert A. Smith                    Aviation Advisory Commission  

      Thomas Lind                       Aviation Advisory Commission  

      Donna Swain                    Dial-A-Ride Advisory Commission

      Stu Bush         Library Board

      Cherie Hutter                    Library Board

      Jillian Lincoln                  Parks and Recreation Commission

      Pat Max           Planning Commission

      Daniel Kozakiewicz         Planning Commission

      Patrick Sandow                 Sewer District Board of Appeals

; and

RESOLVED FURTHER that city staff is directed to begin disseminating information regarding the remaining board and commission vacancies.  (Motion adopted.)

 

2003 SIDEWALK IMPROVEMENT PROGRAM

Brian McManus, City Engineer, presented information on the 2003 Sidewalk Program.  Chuck Hepenstal, 1317 N. Parkway, requested sidewalk be placed on Eastman Avenue from Sugnet Road south to end of existing sidewalk on Eastman Avenue.  Mr. Hepenstal indicated he felt the missing sidewalk was an unsafe condition for pedestrians.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

        Eastman Avenue (east side)        Sugnet Road south to end of existing sidewalk

        Mark Twain Drive (north side)        west line Ashford Estates to end existing sidewalk

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the

district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan.  (Motion adopted.)

 

PORTER TOWNSHIP WETLAND PRE-MITIGATION SITE

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

 

WHEREAS, a report has been received from the City Engineer indicating that lands within Pine River Park located in Porter Township are suitable for creation of a wetland pre-mitigation site; and

WHEREAS, the City Engineer anticipates using the pre-mitigation site to offset for loss of wetlands during street construction projects; and

WHEREAS, the Michigan Department of Environmental Quality requires that a conservation easement be approved by the City of Midland and the Michigan Department of Environmental Quality in order to establish a pre-mitigation site; now therefore 

RESOLVED, that the City Council directs the City Manager and City Attorney to prepare a conservation easement for approval at a future City Council meeting.  (Motion adopted.)

 

SARA – SPECIAL ASSESSMENT DISTRICT

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

 

RESOLVED, that the City Manager is directed to prepare a preliminary report (including dollar estimates, life of improvements, description of district, plans, specifications and diagrams) on the request for the establishment of the 2003/04 – 2004/05 Special Assessment District for the Shopping Area Redevelopment District.  (Motion adopted.)

 

TRANSPORTATION ENHANCEMENT FUND APPLICATION – BIKE PATH (JEFFERSON/MALL)

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

 

WHEREAS, the City of Midland wishes to create a shared use facility for pedestrians, bicycles and other non-motorized traffic on the north side of US-10 beginning at Jefferson Avenue and proceeding to the Midland Cinemas, along Cinema Drive, and terminating at the Midland Mall service drive; and

WHEREAS, this project will enhance recreational and economic opportunities in this area of the City of Midland; and

WHEREAS, the City of Midland is submitting a Transportation Enhancement Fund Application for funding said project in connection with a previous approved grant providing a shared use facility for pedestrians, bicycles and other non-motorized traffic along the widening of the Jefferson Avenue bridge over Highway US-10, which was completed in 2002; now therefore

RESOLVED, that the Midland City Council hereby supports the submission of a Transportation Enhancement Fund application prepared by the City of Midland for the construction of a shared use facility beginning at Jefferson Avenue and proceeding to the Midland Cinemas, along Cinema Drive, and terminating at the Midland Mall service drive; and

RESOLVED FURTHER, that the City of Midland will contribute matching funding of $90,000 towards the design and construction of the shared use facility upon approval of the FY 2003/2004 budget; and

RESOLVED FURTHER, that the City of Midland will maintain this facility once construction has been completed.  (Motion adopted.)

 

JOSEPH DRIVE WATER MAIN AND STREET OVERSIZING REIMBURSEMENT

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

 

WHEREAS, the City of Midland required that Joseph Drive from Jefferson Avenue to Midfield Lane be constructed to a width of 36 feet for use as a Major Street, instead of our standard Local Street with a width of 28 feet, during the reconstruction of Joseph Drive for the development of the Village at Joseph’s Run apartment complex; and

WHEREAS, the City of Midland required that a 12” water main be installed on Joseph Drive from Jefferson Avenue to Midfield Lane instead of the 8” water main needed for the development of the Village at Joseph’s Run apartment complex; and

WHEREAS, funding for the oversizing of the water main is included in the 2002-03 Water Fund Budget and funding for the street widening is included in the 2002-03 Major Street Fund Budget; and

WHEREAS, The Royal Castle Companies, the developer for the Village at Joseph’s Run, has constructed the 36’ wide street and the 12” water main as required and has requested reimbursement for said oversizing; and

WHEREAS, the cost to oversize the water main is $12,420.00 and the cost to widen the street is $47,397.64, for a total of $59,817.64; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to reimburse the cost of $59,817.64 to The Royal Castle Companies.  (Motion adopted.)

 

NEW STREET CERTIFICATION

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

 

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

            Butterfield Drive    from Wheeler Street to north line Foster Woods No. 2

            Commerce Court   from Commerce Drive to end of cul-de-sac

            Commerce Drive    from Eastman Avenue to 2,258 feet east

            Hancock Street  from Clay Street to Lee Street

            Hollyberry Drive    from Foster Road to east line Foster Woods Subdivision

            Lee Street            from Hancock Street to Quincy Drive

            Quincy Drive            from Clay Street to Lee Street

            Ridgeview Court   from Hollyberry Drive to end of cul-de-sac

; and

WHEREAS, the centerline of Commerce Court is described as:  Commencing at the Northwest Corner of Section 33, T. 15 N., R. 2 E.; thence South 0° 04’ East 368 feet, along the West Section Line, to the centerline of Commerce Drive; thence North 89° 57’ 59” East 627 feet, along the centerline of Commerce Drive, to the centerline of Commerce Court and the point of beginning; thence South 0° 04’ East 735 feet, along the centerline of Commerce Court, to the point of ending; and

WHEREAS, the centerline of Commerce Drive is described as:  Commencing at the Northwest Corner of Section 33, T. 15 N., R. 2 E.; thence South 0° 04’ East 368 feet, along the West Section Line, to the centerline of Commerce Drive and the point of beginning; thence North 89° 57’ 59” East 2,258.42 feet, along the centerline of Commerce Drive, to the point of ending; and

WHEREAS, Butterfield Drive is in the recorded plat of Foster Woods Subdivision No. 2; Hancock Street, Lee Street and Quincy Drive are in the recorded plat of Adams Acres Subdivision; Hollyberry Drive and Ridgeview Court are in the recorded plat of Foster Woods Subdivision; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore


RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes.  (Motion adopted.)

 

COUNTY ROAD TRANSFER OF JURISDICTION

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

 

WHEREAS, the Midland County Road Commission adopted a resolution on February 13, 2003 authorizing the transfer of jurisdiction for certain county roads to the City of Midland; and

WHEREAS, the City of Midland is desirous of accepting jurisdiction of certain county roads to better serve the residents of the City of Midland; now therefore

RESOLVED, that the City Council hereby accepts jurisdiction of the following roads for maintenance and operation:

·              Joseph Drive - from Jefferson Avenue to Midfield Lane

·              Perrine Road - from 1687 feet north of Airport Road to west bound Letts Street

·              Rockwell Drive - from Patrick Road to Ashman Street

·              Jefferson Avenue - from 2690 feet north of Wackerly Street to 2886 feet north of Wackerly Street

·              Letts Street - from Sturgeon Avenue to Perrine Road

·              Eastman Avenue - from 3761 feet north of Wackerly Street to 5242 feet north of Wackerly Street

(Motion adopted.)

 

STONE RIDGE SOUTH SUBDIVISION NO. 1 SIDEWALK TIME EXTENSION

Jon Lynch, Director of Planning and Community Development, presented information on a request from petitioner Ben Lerner for an extension of time for completion of sidewalk in Stone Ridge South Subdivision No. 1.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, a written request has been received from Ben Lerner on behalf of Stone Ridge Enterprises, proprietor of Stone Ridge South 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 Stone Ridge South No. 1 until December 1, 2004, 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 March 19, 2003, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion denied.  Yeas:  None   Nays:  Black, Currie, Griggs, McKeag, Wazbinski)

 

STONE RIDGE SOUTH SUBDIVISION NO. 2 SIDEWALK TIME EXTENSION

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

 

WHEREAS, a written request has been received from Ben Lerner on behalf of Stone Ridge Enterprises, proprietor of Stone Ridge South Subdivision No. 2 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 Stone Ridge South Subdivision No. 2 until November 15, 2004, 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 March 19, 2003, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction season.  (Motion adopted.)

 

RAIL TRAIL EASEMENT AGREEMENT

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

 

WHEREAS, the document approved by City Council in 1995 which accepted the Rail Trail specifically gives the City the right to grant utility easement to cross the trail; and

WHEREAS, the Midland County Historical Society through their agent, Three Rivers Construction, has requested an easement; and

WHEREAS, an easement agreement has been drafted by the City Attorney; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement granting a utility easement to the Midland County Historical Society.  (Motion adopted.)

 

CHEMCONNECT II ACCOUNT AGREEMENT – ONLINE BANKING SERVICE

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

 

WHEREAS, Chemical Bank and Trust Company offers ChemConnect II an online banking service for businesses; and

WHEREAS, this service would allow the City Treasurer and/or her designee’s to view account balances on all accounts held at Chemical Bank, transfer funds from account to account, initiate wire transfers and stop payment on checks via the internet; and

WHEREAS, security features include a password-controlled system entry, a VeriSign-issued Digital ID for the bank’s service, a secure sockets layer protocol for data encryption, and a router loaded with a firewall to regulate the inflow and outflow of service traffic; and

WHEREAS, Chemical Bank and Trust Company requires that the governing body authorize a representative to execute a ChemConnect II application and enter into a ChemConnect II account agreement; now therefore 

RESOLVED, that the Midland City Council hereby designates the Midland City Treasurer as the account supervisor for the ChemConnect II service and authorizes the Treasurer to execute the ChemConnect II application for access to all accounts held at Chemical Bank and Trust and also authorizes the Treasurer to enter into a ChemConnect II account agreement upon review and approval of the Midland City Attorney; and further

RESOLVED, the Treasurer and/or her designee’s shall be responsible for maintaining the confidentiality of the PIN issued in connection with the ChemConnect II service. (Motion adopted.)

 

TERMINATION OF CONCESSION AGREEMENT – CURRIE CLUBHOUSE

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

 

RESOLVED, that the Mayor and City Clerk are authorized to execute a document terminating the concession agreement with Jackie Jacobs Catering entered into on April 19, 2002.  (Motion adopted.)

 

ENGINEERING SERVICES FOR STARK ROAD EXTENSION

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

 

WHEREAS, the City of Midland desires to construct a new roadway to extend Stark Road from Saginaw Road to Isabella Road (M-20); and

WHEREAS, the City of Midland hired Ayres, Lewis, Norris & May, Inc., in 1995 to complete preliminary engineering for this project and they did not complete selection of the final route for the location of the future roadway, since the project was placed on hold by the City; and

WHEREAS, a proposal has been received from Ayres, Lewis, Norris & May, Inc. to complete engineering services of Alternative Evaluation and Route Selection for this project, at a cost not to exceed $35,000; and

WHEREAS, it has been determined that receipt of competitive bids for this work is impractical, since Ayres, Lewis, Norris & May, Inc. has already completed some of this work and Section 2-18 of the Midland Code of Ordinances allows for waiving the competitive bid process; and

WHEREAS, funding for said project exists in the Major Street Fund and sufficient funding is available for said engineering services; now therefore

RESOLVED, that the proposal received from Ayres, Lewis, Norris & May, Inc. of Ann Arbor, Michigan, with an estimated cost not to exceed $35,000.00, is hereby accepted and that the Mayor and City Clerk are authorized to enter into an agreement with Ayres, Lewis, Norris & May, Inc. for said services subject to approval by the City Attorney and that the Purchasing Agent is authorized to issue a purchase order.  (Motion adopted.)

 

BAY CITY ROAD RECONSTRUCTION INSPECTION AND OVERSIGHT

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

 

WHEREAS, current staffing within the Engineering Department has limited MDOT training and qualifications; and

WHEREAS, professional services for construction engineering inspection and oversight of the reconstruction of Bay City Road from Rockwell Drive to the railroad tracks approximately 0.5 miles west of Rockwell Drive be obtained from a consultant; and

WHEREAS, proposals were received from interested engineering firms in accordance with the City’s purchasing policy; and

WHEREAS, funding for said project is available from the Major Street Fund and a MDOT grant; now therefore

RESOLVED, that the proposal received from Ayres Associates of Midland, Michigan, with an estimated total cost of $52,999.02, is hereby accepted in accordance with the submitted proposal, and the Purchasing Agent is authorized to issue a purchase order for said services; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $20,000.  (Motion adopted.)

 

REAPPOINTMENT OF INDEPENDENT AUDITORS – PLANTE & MORAN, PLLC

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

 

RESOLVED, that independent auditing services are determined to be professional services within the purview of Section 2-19 of the Midland Code of Ordinances and, as such, do not require sealed competitive bids; and

RESOLVED FURTHER, that the public accounting firm of Plante and Moran, PLLC is hereby reappointed as the City’s independent auditors for the fiscal years ended June 30, 2003, 2004 and 2005, at a total fee of not to exceed $42,000 for the first year, with increases for the following two years to be limited to the Proposal A taxable value increase factor or three percent, whichever is less.  (Motion adopted.)

 

DESIGN MODIFICATIONS TO CELLS 15 – 19 – EARTH TECH, INC. CHANGE ORDER NO. 3

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

 

WHEREAS, in 1994 Landfill Cells 14-19 were designed with what was then current hydrogeological data; and

WHEREAS, through the evaluation of the past eight years of hydrogeological monitoring data it was determined that groundwater pressure is elevated, requiring a modification to the design of Cells 15 through 19; and

WHEREAS, the projected change order amount quoted by Earth Tech for revising the design of Cells 15-19 and preparing reports and drawings for MDEQ approval is $75,000; and

WHEREAS, the Utilities staff has reported sufficient funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects; now therefore,

RESOLVED, that the City Manager is authorized to execute the change to the Earth Tech purchase order bringing the total amount of the purchase order to $ $182,918.50; and

RESOLVED FURTHER, the City Manager has the authority to approve change orders modifying or altering this purchase order in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

PILOT PROGRAM AND AFFORDABLE HOUSING

Jon Lynch, Director of Planning and Community Development, reviewed the Staff Report regarding the relationship between payments in lieu of taxes (PILOT) and affordable housing.  The report directs staff to distribute the report to rental property owner groups and human services agencies as well as schedule a public hearing to solicit comments on the report and its recommendations.  Oswald Anders, 801 Linwood, a landlord in Midland, expressed his belief that the report was based on obsolete data and should be brought up to date.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, on January 27, 2003 the Midland City Council approved a Payment In Lieu of Taxes (PILOT) agreement with the Affordable Housing Alliance of Midland County in support of an affordable housing project located on Isabella Road; and

WHEREAS, the City Council requested a report outlining the need for affordable housing in the City and the role PILOT agreements play in filling that need; and

WHEREAS, staff has concluded that empirical and anecdotal evidence suggests a need for additional affordable rental dwellings for certain income groups; now therefore

RESOLVED, that the City Council hereby accepts the Staff Report to the City Manager dated February 22, 2003 and directs staff to distribute the report to local rental property owner associations and groups as well as area human service agencies addressing area housing needs, and

RESOLVED FURTHER, that the City Council directs staff to schedule a public hearing on April 14, 2003 to solicit comments regarding the report and its recommendations.  (Motion adopted.)

 

POSSIBLE CONVEYANCE OF LAND FOR NEW COUNTY JAIL

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

 

WHEREAS, the Midland County Board of Commissioners has determined that the County is in need of a new jail, and has developed site selection criteria for the procurement of property on which to build a new jail; and

WHEREAS, in a letter to the City the County has indicated interest in acquiring two parcels owned by the City of Midland that would be used in conjunction with a privately owned parcel as a site for a new jail; now therefore

RESOLVED, that the City Manager is directed to notify Midland County that City parcels 14-12-40-500 and 14-12-40-600 may be made available; and

RESOLVED FURTHER, that this action does not guarantee that the property is developable in accord with the needs of the County.  (Motion adopted.)

 


CLOSED SESSION

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

 

RESOLVED, that in accord with Sections 8(c) and 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to discuss strategy in connection with negotiations of collective bargaining agreements and pending tax appeal litigation.  (Motion adopted by a Roll Call Vote.)

 

Being no further business the meeting adjourned at 9:30 p.m.

 

 

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            Penny K. Kovacevich, City Clerk