April 14, 2003

 

A regular meeting of the City Council was held on Monday, April 14, 2003, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided. 

 

Boy Scout Troup 763 led the Pledge of Allegiance to the Flag.

 

Council members present:

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

Council members absent:

None

 

MINUTES

Approval of the minutes of the March 24, 2003 regular meeting was offered by Council Member Wazbinski and seconded by Council Member Griggs.  (Motion adopted.)

 

SUPPORT YOUR TROOPS WEEK

Selina Tisdale, Community Relations Coordinator, introduced Craig Northrup, American Legion Berryhill No. 165 Post Commander.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of April 21 - 27, 2003, as Support Your Troops Week in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Craig Northrup. 

 

U.S. FLAG PLACEMENT AND YELLOW RIBBON DISPLAY

Council Member Wazbinski moved, seconded by Council Member Griggs to authorize placement of U.S. Flags along Main Street from April 21 through May 26 and display yellow ribbons in downtown Midland on street trees throughout Midland.  After further discussion, Council Member Wazbinski moved, seconded by Council Member Griggs to amend the resolution by adding a resolved further clause that would set time limits on the removal of ribbons as follows:

 

RESOLVED, that the City Council hereby authorizes the placement of U.S. flags along Main St. from April 21 through May 26, 2003; and

RESOLVED FURTHER, that the City Council hereby grants permission for volunteers to tie yellow ribbons in Downtown Midland along Main Street and also along Eastman Avenue, and on street trees throughout the City; and

RESOLVED FURTHER, that all ribbons shall be removed upon the return of the Army National Guard’s 1460th Transportation Company.  (Motion adopted.)

 

AFFORDABLE HOUSING AND PILOT REPORT

Jon Lynch, Assistant City Manager, presented information on a staff report on Affordable Housing and Payment in Lieu of Taxes (PILOT) payments.  A public hearing was opened at 7:20 p.m.  Floyd Andrick, 4928 Harcrest Drive, head of a Midland based group known as “The Rent Group” requested that Council consider placing a moratorium on approval of PILOT requests for two years and that a committee comprised of city staff and for profit landlords be appointed to study the PILOT program.  Marilyn Clark, 1800 Oakfield Drive, Vice President of Affordable Housing Alliance of Midland County, spoke in support of the continuation of the PILOT program and also suggested that a point system be used to approve future PILOT requests.  Bill Waterman, 201 W. Chapel Lane, supported “The Rent Group”, stated he was not opposed to the PILOT program but felt there was a better way, and endorsed a two-year moratorium on the PILOT program.   Roberto Lavallii, representing the Altman Management Company who manages Green Hill and Charter Square Complexes, spoke in support of the PILOT program.  Oswald Anders, 801 Linwood, spoke in opposition to the PILOT program.  Bruce Pynnonen, 2604 Manor, resident of Midland and a landlord, supported a two-year moratorium.  Janet Newman, 4915 Tucker, a tenant, wanted to see Council focus on places already in existence and suggested forming a committee to look into current housing needs in Midland.  Susan Weitz, 5409 Sunset Drive, a landlord and a member of “The Rent Group” supported the moratorium and a proposed point system to be used in regards to residents applying for PILOT housing.  Charles Blanchard, 5910 Siebert, stated he lost a tenant to the PILOT program and stated he has been forced to sell his rental house.  Bill Brenton, 5101 Oakridge Drive, a local landlord who currently owns Tek Circle Apartments, provides housing for extremely low-income groups.  He rents one bedroom apartments for $365 a month, he also felt a two-year moratorium on the PILOT program was appropriate.  Carol Lovelace, from Altman Management Company, indicated the management group has identified a shortfall in housing for the extremely low-income individuals and that the Altman Management group provided that service.  Joseph Dunn, 609 Sylvan Lane and a landlord, expressed frustration in trying to make a profit in today’s rental market.  Sally York, employed at Midland Area Homes and a resident of Midland, expressed her concern over housing for very low-income individuals and urged Council to keep in mind the need for this type of housing.  John Rapanos, 1012 W. Sugnet, suggested we find creative ways to assist low-income individuals in finding housing.  William Doxie, representing Michigan Capital Fund for Housing, a non-profit housing corporation in Lansing, expressed the importance of providing low-income housing for individuals.  He suggested Council not make a hasty decision on a moratorium on the PILOT program, his group supported the Affordable Housing Alliance of Midland County.  Hal Purves, 5708 Evergreen, stated he has rented a house to the same individual for over ten years and when she was laid off he did not evict her.   John Rapanos, 1012 W. Sugnet, suggested giving a tax abatement to Tek Circle Apartments.  Oswald Anders indicated that the decision assumed all people stay at a low-income level instead we should concentrate on finding jobs for the low income.  Bill Waterman indicated some people would be willing to make up a committee to discuss issues on housing.  Vivian Stafford, 5904 Sturgeon Creek Parkway, owns a rental and indicated she does not raise rent to even match tax increases.  The hearing closed at 9:09 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

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, in a revised Staff Report to the City Manager dated March 19, 2003 regarding PILOT agreements staff has concluded that empirical and anecdotal evidence suggests a need for additional affordable rental dwellings for certain income groups; and

WHEREAS, on April 14, 2003 a public hearing was conducted to solicit comments on the report and its recommendations; now therefore

RESOLVED, that the City Council hereby accepts the report and shall require the following determinations be made prior to entering into future agreements:

  1. That the proposed development will meet a demand not adequately addressed in the existing inventory of community rental housing.
  2. That the proposed development will not have a negative impact on the existing rental housing market for substantially similar units.

3.      That a PILOT agreement is essential to financing of the proposed development.

(Motion adopted.)

 

Mayor Black called for a short recess at 9:21 p.m.

Mayor Black reconvened the meeting at 9:31 p.m.

 

2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT

Brian McManus, City Engineer, presented information on the 2003 Countryside and Green Sanitary Sewer.  A hearing opened at 9:45 p.m.  John Rapanos, petitioner, spoke in support of the proposed preliminary plat.  David Baker, 3817 Green Road, supported the request for sanitary sewer.  Audley Dice, 3911 Green Road; Lee Engwis, 6105 Countryside; Dan Kane, 5411 Countryside; Ken Wejrowski, 5917 Countryside; Lee George, 5323 N. Saginaw Road, speaking on behalf of Milton George Trust for property located at 3915 Green Road; and Stacie Cole, 6006 Countryside; all spoke in opposition to the need for sanitary sewer on Countryside and Green Road.  The hearing closed at 10:03 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in certain streets, said improvement being more particularly described in a resolution dated March 24, 2003, said streets being:

               COUNTRYSIDE DRIVE        from Green Road to Dublin Avenue

               GREEN ROAD                       from Countryside Drive to 400 feet south

and has heretofore established one special assessment district designated:

            “2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, April 14, 2003, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

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

RESOLVED, that the Council finds and determines that the installation of sanitary sewers on Countryside Drive and Green Road are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seven hundred seventy thousand dollars ($770,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be four hundred ninety-eight thousand eight hundred one and 58/100 dollars ($498,801.58) and that all other costs and expenses of said improvement amounting to two hundred seventy-one thousand one hundred ninety-eight and 42/100 dollars ($271,198.42) shall be borne and paid by special assessment on all lands and premises in said 2003 Countryside & Green Sanitary Sewer Improvement Special Assessment District heretofore established and approved; and

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

     “2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

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

 

2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT ASSESSMENT ROLL

Brian McManus, City Engineer, presented information on the special assessment roll for the 2003 Countryside and Green Sanitary Sewer Improvement.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-eighth day of April, 2003, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-eighth day of April, 2003, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

PRELIMINARY PLAT OF COUNTRYSIDE ESTATES

Jon Lynch, Assistant City Manager, presented information on the preliminary plat of Countryside Estates.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Countryside Estates; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and

WHEREAS, in accord with the provisions of Section 23-53 of the Subdivision Ordinance, variances are requested to permit Coffeetree Lane to be located within 625’ of Vandemere Drive; now therefore

RESOLVED, that the Midland City Council hereby grants an exception from Section 23-53 of the Subdivision Ordinance, permitting Coffeetree Lane to be located within 625’ of Vandemere Drive; and

RESOLVED FURTHER, that the City Council hereby gives tentative approval to the Preliminary Plat of Countryside Estates, contingent upon the following conditions:

1.         A storm water retention plan is approved by the City Engineering Department.

2.            Provisions are made for private maintenance of parks dedicated for private use.

(Motion adopted.)

 

SITE PLAN NO. 223 – FOUNTAIN PARK OFFICE CENTER

Jon Lynch, Assistant City Manager, presented information on Site Plan No. 223 for Fountain Park Office Center located on the south side of Wackerly Street west of 2603 W. Wackerly Street.  The following resolution was then offered by Council Member McKeag and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 223, the request of Dr. Corey Rodnick for a 14,000 square foot Office Building located west of 2603 West Wackerly Street on 2.2 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 223 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 223, contingent upon the following:

1.         The slope of the proposed driveway will meet applicable rules.

2.         Four parking spaces at the “outside” corners on center stacking aisles are removed to facilitate public transportation.

3.         The north edge of the new parking lot shall be screened in accord with Section 29.12 of the Zoning Ordinance.

4.         Parking spaces shall be delineated with double “box” striping.

5.         Site lighting will not cast illumination off site.

6.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

(Motion adopted.)

 

SITE PLAN NO. 225 – DIALYSIS CLINIC

Jon Lynch, Assistant City Manager, presented information on Site Plan No. 225 for a Dialysis Clinic located on the northwest corner of the intersection of Jefferson Avenue and Wheeler Street.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 225, the request of Three Rivers Construction, Inc. on behalf of Regional Dialysis Services, Inc. for a 11,700 square foot dialysis clinic located on the northwest corner of the intersection of Jefferson Avenue and Wheeler Street on 2.34 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 225 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 225, contingent upon the following:

1.         The site plan shall illustrate potential driveway connections to parcels adjacent on the north and south of the proposed entry drive.

2.         Parking spaces are identified with required “box” striping.

3.         Site lighting will not cast illumination off site.

4.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

(Motion adopted.)

 

PRELIMINARY PLAT OF BROADHEAD ESTATES

Jon Lynch, Assistant City Manager, presented information on the preliminary plat of Broadhead Estates.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City Council did give tentative approval to the Preliminary Plat of Broadhead Estates on October 14, 2002; and

WHEREAS, conditions of City Council tentative approval of the Preliminary Plat specified in the October 14th resolution shall also apply to final approval of the Preliminary Plat; and

WHEREAS, the approval of the Midland County Drain Commission has been received; now therefore

RESOLVED, that the City Council does hereby give final approval to the Preliminary Plat of Broadhead Estates, in accordance with Section 23-15 of the Code of Ordinances of the City of Midland.  (Motion adopted.)

 

PRELIMINARY PLAT OF CITY FOREST ESTATES – TIME EXTENSION

Jon Lynch, Assistant City Manager, presented information on the preliminary plat of City Forest Estates.  The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received a request from Robert Kinnun, Vice President of Wiskin Developments, Inc., proprietor of City Forest Estates, for a six-month time extension approval for the Preliminary Plat of City Forest Estates; and

WHEREAS, the current approval expired March 5, 2003; and

WHEREAS, the City Council has reviewed the request for the time extension of the Preliminary Plat of City Forest Estates; now therefore

RESOLVED, that the City Council does hereby approve the six-month time extension until September 5, 2003, for the Preliminary Plat of City Forest Estates.  (Motion adopted.)

 

FINAL PLAT OF CITY FOREST ESTATES NO. 2

Jon Lynch, Assistant City Manager, presented information on the final plat of City Forest Estates No. 2 Subdivision.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the Final Plat of City Forest Estates No. 2 Subdivision is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of City Forest Estates No. 2 Subdivision, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said plat and record on behalf of the City.  (Motion adopted.)

 

PROPOSED 2003-04 CITY BUDGET

Robert Fisher, Director of Fiscal Services, presented information on the City Manager’s proposed budget for the 2003-04 fiscal year.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2003-04 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing on the proposed 2003-04 budget shall be conducted on Monday, April 28, 2003 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that also in accord with Section 11.4 of the Charter of the City of Midland, a second public hearing on the 2003-04 budget shall be conducted on Monday, May 12, 2003 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 2003-04 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Street, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 2002-03 budget and the 2003-04 proposed budget.  (Motion adopted.)

 

SARA SPECIAL ASSESSMENT DISTRICT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the 2003 Downtown Economic Revitalization Public Improvement Program in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement program; and

WHEREAS, the Council finds and determines that said improvements, as before listed, appear to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvements is two (2) years; and

WHEREAS, said public improvements shall constitute one special assessment district to be known as:

            “2003 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT             SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

That area located in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17, the Northwest ¼ of Section 21, and the Northeast ¼ of Section 20, bounded by West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the “Tridge”, and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4, and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all within the City of Midland, Midland County, Michigan.

; and

WHEREAS, the proposed improvements and work to be done thereunder in said Special Assessment District shall consist of advertising, promotions and events, Christmas decoration rental and contributions toward salary and miscellaneous expenses for the Downtown Coordinator’s office to assist in the revitalization program, and that the total estimated cost and expense thereof is seventy-two thousand dollars ($72,000.00); and

WHEREAS, the proportion of the cost and expense of said improvements to be borne and paid for by the City at large, County, and/or DDA shall be zero ($0) and that all other costs and expenses of said revitalization program amounting to seventy-two thousand dollars ($72,000.00) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis;  now therefore

RESOLVED, that the report concerning said improvements is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and that the City Council will meet in the City Hall, 333 W. Ellsworth, on Monday, April 28, 2003, at 7:00 p.m., to hear any objections or suggestions regarding the proposed improvements; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, the addresses of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan 1962.  (Motion adopted.)

 

DART ANNUAL APPLICATION FOR OPERATING ASSISTANCE

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

 

WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), the City of Midland provides a local transportation program for the state fiscal year 2004 and, therefore it is necessary to apply for state financial assistance under provisions of Act 51; and

WHEREAS, it is necessary for the City of Midland to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and

WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and

WHEREAS, the 10c (18) accessibility plan amendment for Dial-A-Ride has been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the performance indicators for Dial-A-Ride have been reviewed and approved by the Dial-A-Ride Advisory Commission; and

WHEREAS, the City of Midland intends to apply for an estimated $587,633 in state operating assistance funds; an estimated $146,908 in federal 49 USC 5311 operating assistance funds; and an estimated $196,000 in federal USC 5309 capital assistance for state fiscal year 2004; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is hereby named as Transportation Coordinator for all public transportation matters; and

RESOLVED FURTHER, that the City of Midland hereby makes its intentions known to provide public transportation services and to apply for state and federal financial assistance in accordance with Act 51.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion adopted.)

 

AUTHORIZATION TO EXECUTE DART CONTRACTS OF $20,000 OR LESS

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

 

WHEREAS, the City of Midland has the authority to contract with the Michigan Department of Transportation for State and/or Federal funds for Passenger Transportation related services; and

WHEREAS, this resolution shall cover execution of contracts of $20,000 or less with the Michigan Department of Transportation during the State FY 2004 for Passenger Transportation related services; and

WHEREAS, this resolution shall expedite the execution of aforementioned contracts; now therefore

RESOLVED, that Karl S. Tomion, City Manager, is authorized to enter into and execute on behalf of the City of Midland all contracts of $20,000 or less with the Michigan Department of Transportation for Passenger Transportation related services for the period from October 1, 2003 to September 30, 2004.  The City Clerk is hereby directed to provide a certified copy of the resolution for submittal to the Michigan Department of Transportation as part of the annual budget application packet.  (Motion adopted.)

 


COFFEE SERVICES AT LIBRARY

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

 

WHEREAS, the Grace A. Dow Memorial Library Board has unanimously recommended that a coffee service be offered in the library; and

WHEREAS, the Arnold Center, Inc. has agreed to enter into a partnership to assist in securing funding and to provide the management and operation of the coffee service; and

WHEREAS, funding for the coffee service will include outside funding sources to cover construction, equipment, and other start-up costs; now therefore

RESOLVED, that the City Council hereby accepts the recommendation of the Grace A. Dow Memorial Library Board to provide a coffee service in the library in partnership with the Arnold Center, Inc., and directs staff to seek outside grant or foundation funding; and

RESOLVED FURTHER, that the staff is hereby directed to negotiate a proposed operating agreement with the Arnold Center, Inc.  (Motion adopted.)

 

DOWNTOWN DEVELOPMENT AUTHORITY REAPPOINTMENTS

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Jody Cooley and Claudia Wallin to the Downtown Development Authority for terms to expire May 1, 2007.  (Motion adopted.)

 

LIBRARY BOARD APPOINTMENT

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

 

RESOLVED, that Joe DuFort is hereby appointed as the Township Representative to the Library Board to fill an unexpired term expiring June 30, 2004.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER D-03-01

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

 

RESOLVED, that Traffic Control Order No. D-03-01 filed January 23, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal at the intersection of Eastman Road and Dilloway Drive shall operate in full color mode 24 hours per day, 7 days per week

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER P-03-01

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

 

RESOLVED, that Traffic Control Order No. P-03-01 filed January 23, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the west side of Jefferson Avenue between George Street and Nelson Street

is hereby made permanent.  (Motion adopted.)

 


TRAFFIC CONTROL ORDER P-03-04

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

 

RESOLVED, that Traffic Control Order No. P-03-04 filed January 20, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be prohibited on the north side of Carpenter Street, between Jerome Street and Suncrist Street, 50 feet east and west of the Carpenter School pedestrian crossing

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER R-03-01

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

 

RESOLVED, that Traffic Control Order No. R-03-01 filed January 22, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That “No Turn on Red” control for eastbound Wackerly Street at Jefferson Avenue be removed

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER S-03-02

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

 

RESOLVED, that Traffic Control Order No. S-03-02 filed January 23, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Vandemere Drive shall stop for Dublin Avenue

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER S-03-03

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

 

RESOLVED, that Traffic Control Order No. S-03-03 filed January 20, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Clay Street shall yield for Quincy Drive at the northbound and southbound approaches (two intersections)

is hereby made permanent.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER S-03-04

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

 

RESOLVED, that Traffic Control Order No. S-03-04 filed January 20, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That yield control for eastbound Soper Street at Burch Street be removed

is hereby made permanent.  (Motion adopted.)

 


FOX TROT SCULPTURE PROJECT

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

 

RESOLVED, that the City Council hereby approves the request of Northwood University’s Outreach Programs Director and the Downtown Development Authority to utilize the public right of way for the purpose of placing fox sculptures in various locations in the downtown area, subject to the following provisions:

;and

RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner.  (Motion adopted.)

 

SOCCER CLUB – FIREWORKS DISPLAY

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

 

RESOLVED, that the request of the Midland Soccer Club to conduct a fireworks display on Saturday, May 10, 2003, at dusk at the Midland Soccer Complex, with a rain date of May 17, is hereby approved subject to meeting the following requirements:

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion adopted.)

 

2003 LOCAL STREET RECONSTRUCTION, PHASE I; CONTRACT NO. 7

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Friar Lane from Hollybrook Drive to Heathermoor Drive, Heathermoor Drive from Tyler Street to Friar Lane, Hollybrook Drive from Tyler Street to Friar Lane, Tyler Street from Adams Drive to north of Heathermoor Drive and McKinley Street from Adams Drive to Hollybrook Drive; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2003 Local Street Reconstruction, Phase I; Contract No. 7", in the indicated amount of $209,476.85, 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.)

 

PAYMENT FOR CONTRACTED LEGAL SERVICES – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999, 2000, 2001 and 2002 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

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

WHEREAS, on November 11, 2002 City Council authorized payments to Walsh & Associates, Inc., George E. Sansoucy, A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates for the aforementioned services in a total amount not to exceed $4,250,000; and

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

WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2002-2003 General Fund budget; now therefore

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

RESOLVED FURTHER, that authorization for payment to the appraisal firms of Walsh & Associates, Inc., George E. Sansoucy, P.E., A. A. Schoenwald Associates, Inc. and Whitfield Russell Associates for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $4,480,000.  (Motion adopted.)

 

PURCHASE OF SNOW & ICE CONTROL SALT

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

 

RESOLVED, that upon the recommendation of the administration, the City Purchasing Agent is authorized to requisition and issue purchase orders for snow and ice control salt through the State of Michigan Extended Purchasing Program for prices to be determined by a competitive bidding system in a total amount not to exceed the 2003-04 budgeted sum for this purpose.  (Motion adopted.)

 

RECYCLING CONTRACT

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for “Recycling Collection Services”, Bid No. 2643; and

WHEREAS, staff has evaluated the bids in relation to the City providing the services with City forces; now therefore

RESOLVED,  that the low bid meeting specifications of $1.21 per stop per month for seven years submitted by Republic Services of Northern Michigan is hereby accepted; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute an agreement, as approved by the City Attorney, with Republic Services of Northern Michigan.  (Motion adopted.)

 

CONCESSION CONTRACT FOR CURRIE CLUBHOUSE

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

 

WHEREAS, on March 10, 2003, City Council terminated the past agreement for concession services at Currie Clubhouse; and

WHEREAS, sealed proposals were sought and none received; and

WHEREAS, staff has recruited a qualified contractor; and

WHEREAS, the City Attorney has drafted a contract for services; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement with Carol J. Schaefer, doing business as In New Ways, to provide concession services at the Currie Clubhouse.  (Motion adopted.)

 

ARCHITECTURAL SERVICES FOR CIVIC ARENA PROJECT

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

 

WHEREAS, on January 27, 2003 the City Council authorized staff to request architectural proposals for architectural services for the Civic Arena project; and

WHEREAS, a Trust and Agency account has been created to fund a portion of the project using funds generated from a surcharge on ice rental at the Civic Arena; and

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Ice Arena Design Services, Bid No. 2659; and

WHEREAS, staff in cooperation with Thomas Anastos, recently engaged as an Owner’s Representative for the project, have reviewed the Bids for experience, suitability to the project and price; and

WHEREAS, the firm of Siegal/Tuomaala of Farmington Hills, Michigan was judged to have presented the bid being in the best interest of the City; now therefore

RESOLVED, that the bid of Siegal/Tuomaala is hereby accepted; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order in the amount of $17,500 for Phase I design services using funds from the Trust and Agency account for this purpose.  The remainder of the bid to be authorized only if the project continues.  (Motion adopted.)

 

2003 SIDEWALK IMPROVEMENT PROGRAM

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

        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

;and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the “2003 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the following described lands and premises, to wit:

   EASTMAN AVENUE (east side)            Sugnet Road south to end of existing sidewalk

Beginning at the West ¼ Corner of Section 9, T. 14 N., R. 2 E., City of Midland, Michigan; thence South, along the West Section Line, to a point 451 feet South of the South 1/8 Line; thence East 200 feet; thence North, parallel to the West Section Line, to the East-West ¼ Line;  thence West 200 feet, along the East-West ¼ Line, to the Point of Beginning.

  MARK TWAIN DRIVE (north side)       west line Ashford Estates to end existing sidewalk

Lot 83 of Longfellow Subdivision of the West ½ of the West ½ of the Southwest ¼ of Section 12, T. 14 N., R. 2 E., City of Midland, Michigan.

;and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said streets as before listed, and the total estimated cost and expense thereof is twenty-two thousand two hundred fifty dollars ($22,250); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be five thousand three hundred eighty dollars ($5,380) and that all other costs and expenses of said improvement amounting to sixteen thousand eight hundred seventy dollars ($16,870) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 12, 2003 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

ELECTRO PANEL, INC. – INDUSTRIAL DEVELOPMENT DISTRICT REQUEST

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

 

WHEREAS, Lucille Lefler, the property owner, by means of a letter, including a proposed facility, dated March 26, 2003, which was received by the City Clerk on March 28, 2003, has requested the establishment of an Industrial Development District for Electro Panel, Inc. as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the current use of the property located at 4020 Airport Road is a legal non-conforming use; any action by the City Council in establishing an Industrial Development District at this location does not imply the City Council’s intent to rezone the property to an industrial use in the future; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on April 28, 2003 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion adopted.)

 

PROPOSED 2003-04 CDBG BUDGET

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

 

WHEREAS, the City of Midland will receive $313,000 in Community Development Block Grant funds for fiscal year 2003-04; and

WHEREAS, $180,000 is expected to be received in program income during the fiscal year; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on April 28, 2003, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish notice of this public hearing in the Midland Daily News on Saturday, April 19, 2003.  (Motion adopted.)

 

CRUISE ‘N CAR SHOW – REVISED ROUTE

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

 

RESOLVED, that the City Council hereby approves the request of the Cruise ‘n Car Show Committee to conduct the annual Cruise ‘n Car Show utilizing a revised route, subject to the following provisions:

;and

RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner.  (Motion adopted.)

 

Being no further business the meeting adjourned at 11:23 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk