April 28, 2003

 

A regular meeting of the City Council was held on Monday, April 28, 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 April 14, 2003 regular and April 21, 2003 special meetings was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT ASSESSMENT ROLL

Kathleen Paul, City Assessor, presented information on the proposed assessment roll for Countryside & Green Sanitary Sewer.  A public hearing opened at 7:09 p.m.  Lee Engwis, 6105 Countryside, indicated he still opposed the assessment and suggested that Council waive the sewer and water hook-up fees.  Mayor Black requested information from Fiscal Services Director Robert Fisher regarding the calculation of interest.  Mr. Fisher indicated the rate is derived from current city interest on investments plus 1%.  The City is currently averaging 1.5% on investments adding 1% would equal 2.5%.  Mr. Fisher also indicated that payback on the assessment could go as long as twenty years (20) and the first payment could be postponed up to one year (1).  Lee George, 3915 Green Road, commented that some people on Green Road were not assessed.  Margaret Kane, 5411 Countryside, commended the city employees for their assistance in answering questions on the assessment during the week, however she felt the assessment was a financial burden to her and urged Council to spread payments out longer.  Daniel Kane, 5411 Countryside, requested Council look at the possible future negative impact on the road and emergency services as a result of placing a sewer in their area.  Audley Dice, 3911 Green Road, requested he be exempted from the special assessment.  Tricia Vinson, speaking on behalf of her mother Helen Vinson, who lives at 4215 Dublin Avenue and owns property on Countryside, indicated they did not want sewers.  Mark Nagle, 5309 Countryside, felt it was a financial burden.  The hearing closed at 7:47 p.m.

 

The resolution was moved by Council Member Wazbinski and seconded by Council Member Griggs, discussion followed on the possibility of changing the interest rate, spreading the payments out for an extended period of time and deferring payments for one year.  Council Member Wazbinski moved, seconded by Council Member Currie, to amend the resolution to allow payback at a rate of 2.5% for twenty years (20) and defer the first payment until 2004.  (Amendment was approved by a 5/0 yea vote.)  The following amended resolution was then presented for consideration:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sanitary sewer improvements on the "2003 COUNTRYSIDE & GREEN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $271,198.42 and that the total estimated cost of said improvements is $770,000.00, and the City at large cost is $498,801.58; and

RESOLVED FURTHER, that the amount of said roll shall be divided into twenty annual installments with interest, one of which is to be collected during the year of 2004, and one during each succeeding year for nineteen years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into twenty equal annual installments bearing the interest rate of 2.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of twenty annual installments with interest.  (Motion adopted.)

 

2003 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

Kathleen Paul, City Assessor, presented information on the “2003 Downtown Economic Revitalization Public Improvement Special Assessment District”.  Jennifer Adamcik, Downtown Development Coordinator, presented information regarding the use of funds from the assessment.  A public hearing was opened at 8:02 p.m.  Robert (Bo) Brines, owner of Little Forks Outfitters, Nancy Barker, 209 Revere and Renie Ker, owner of Twice as Nice, all spoke in favor of the two-year assessment.  The hearing closed at 8:07 p.m.   The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated April 14, 2003, said district being:

          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 has heretofore established one special assessment district designated:

"2003 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, April 28, 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 revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-two thousand thirteen and 48/100 dollars ($72,013.48) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to seventy-two thousand thirteen and 48/100 dollars ($72,013.48) shall be borne and paid by special assessment on all lands and premises in said 2003 Downtown Economic Revitalization Improvement Special Assessment District; 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 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT  DISTRICT"         

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.)

 

2003 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT SPECIAL ASSESSMENT ROLL

Kathleen Paul, City Assessor, presented information on the special assessment roll for the “2003 Downtown Economic Revitalization Public Improvement Special Assessment District”.  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 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program 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 twelfth day of May, 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 twelfth day of May, 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.)

 

ELECTRO PANEL, INC. INDUSTRIAL DEVELOPMENT DISTRICT

Kathleen Paul, City Assessor, presented information on a request to establish an Industrial Development District for Electro Panel, Inc., located at 4020 Airport Road.  A public hearing opened at 8:13 p.m.  John Lefler, representing Electro Panel, Inc. and Katharine Cazrnecki, Economic Development Manager for Midland Economic Development Council, spoke in support of the request.  The hearing closed at 8:16 p.m.  Jon Lynch, Assistant City Manager, indicated the Electro Panel property is currently designated as non-conforming, this would allow only maintenance of the building.  Mr. Lefler indicated he understood.  The City’s Master Plan designates that area as residential.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, Lucille Lefler as owner of the property located at 4020 Airport Road in the City of Midland, on March 28, 2003, requested it be designated an Industrial Development District with the proposed district being described as follows:

Beginning 528 feet South of the Northwest corner of the Southwest ¼ of the Southeast ¼ then South 166.43 feet to the North line of New Airport City Road, East 330 feet, North 168.1 feet to a point located 528 feet South of South 1/8 line, West 330 feet to the Point of Beginning, Section 31, Town 15 North, Range 2 East.

; 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 request for the establishment of the proposed district is in connection with a probable future replacement facility or new facility, the construction, acquisition, alteration or installation of which has not commenced at the time of the filing of the request; and

WHEREAS, the City Council of the City of Midland has caused written notice by certified mail to be sent to the owners of all real property within the proposed Industrial Development District and has held a public hearing on April 28, 2003, to afford the owner and any other resident or taxpayer of the City of Midland an opportunity to be heard on the petition of Lucille Lefler for the establishment of this Industrial Development District; now therefore

RESOLVED, it appears and it is hereby determined that the applicable criteria contained in Section 4 of Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, have been met; and

RESOLVED FURTHER, that the above described property is hereby established as the Electro Panel, Inc. Industrial Development District No. 1 within the meaning of said Public Act 198.  (Motion adopted.)

 

2003-04 PROPOSED BUDGET

Robert Fisher, Director of Fiscal Services, gave a brief review of the City Manager’s Proposed 2003-04 Budget prior to the public hearing.  A public hearing was opened at 8:30 p.m., no comments were made, the hearing closed at 8:31 p.m. 

 

2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET

Jon Lynch, Assistant City Manager, presented information on the proposed Community Development Block Grant Budget for fiscal year 2003-04.  A public hearing was opened at 8:38 p.m.  Maureen Donker spoke in support of the proposed budget.  The hearing closed at 8:40 p.m.  The following resolution was offered by Council Member Currie 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, a public hearing was held by the City Council on April 28, 2003, at 7:00 p.m., in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the pending action of the City Council on the 2003-04 Community Development Block Grant Program, as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2003-04 budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program.  (Motion adopted.)

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, commented on taxes related to large business parking lots and the possible high maintenance cost of roads as the result of large volumes of traffic using the businesses.  Mayor Black stated that parking lots are assessed based on the value of the lot.  Karl Tomion, City Manager, stated most maintenance money for repair of roads comes from the Local and Major Street funds.

 

PRELIMINARY PLAT OF OAKBROOK ESTATES EAST

Jon Lynch, Assistant City Manager, gave a brief overview of the preliminary plat of Oakbrook Estates East.  After a brief discussion, Council added a 6th condition that the access drive is to be an improved twenty-foot (20’) wide road surface.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Oakbrook Estates East; 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 23-41 of the Subdivision Ordinance, variances are requested to permit Lots 2-6 to exceed the maximum lot width to depth ratio and with the provision from Section 23-57 of the Subdivision Ordinance, variances are requested to permit Oakbrook Drive to exceed the 700’ maximum cul-de-sac length; now therefore

RESOLVED, that the Midland City Council hereby grants an exception from Section 23-41 of the Subdivision Ordinance permitting Lots 2-6 to exceed the maximum lot width to depth ratio and Section 23-57 of the Subdivision Ordinance, permitting Oakbrook Drive to exceed the 700’ maximum cul-de-sac length; and

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

1.        Utility mains do not encroach into the Oakbrook Drive right of way.

2.        The size and locations of the utilities shall be approved by the City of Midland.

3.        A utility easement across the westerly portion of Lot 1 is accepted by the City of Midland.

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

5.        A public walkway is provided along the west lot line of Lot 1 to connect to Broadhead Estates.

6.        Access drive to be an improved twenty-foot (20’) wide road surface.

(Motion adopted.)

 

POLICE DEPARTMENT ANNUAL BIKE AUCTION

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

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at public auction on Saturday, May 3, 2003 with the net proceeds being deposited in the General Fund or other appropriate City funds.  (Motion adopted.)

 

2003 LOCAL STREET RECONSTRUCTION, PHASE II; CONTRACT NO. 8

The following resolution was offered by Council Member Currie 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 Holyrood Street from Helen Street to Noeske Street; Rollcrest Court from Summerset Street to end of court; Trinity Court from Saginaw Road to end of court (including water main replacement); Valley Drive from Applewood Road to Sugnet Road; and

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

RESOLVED, that the low sealed proposal submitted by Johnston Contracting of Midland, Michigan, for the "2003 Local Street Reconstruction, Phase II; Contract No. 8", in the indicated amount of $294,344.00, 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.)

 

SEWER LINER REPAIRS

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

 

WHEREAS, it is the policy of City staff to inspect underground utilities piping in areas scheduled to have major street repair work performed in order to assess the condition of the piping and its ability to withstand the pressure of heavy equipment and compaction activities; and

WHEREAS, it was determined by the video inspections that a 960 foot stretch of 10-inch sanitary sewer pipe showed horizontal cracks, broken pipe, excessive mineral deposits, and root intrusions; and

WHEREAS, the method of repair that is the most cost-effective and causes the least amount of disruption is a full-length liner; and

WHEREAS, the pricing structure submitted by Insituform Technologies USA, Inc. was approved by Council in November 2001 and is still being honored; and

WHEREAS, funds totaling $36,400 for the repair can be made available in Wastewater Capital - Sewer System account by transferring $17,000 from the Maintenance Sewer Repair account and $19,400 from the Capital Equipment account; now therefore

RESOLVED, that the budget transfers are approved and a purchase order is hereby authorized to Insituform Technologies USA, Inc. in the amount of $36,400; and

RESOLVED FURTHER, that the City Manager is authorized to make changes to this purchase order in an aggregate amount not to exceed $5,000.  (Motion adopted.)

 

ZONING PETITION NO. 500

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 19, 2003, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on May 2, 2003 and to publish said notice on May 3, 2003.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-1 WHERE AN OFFICE SERVICE 2 ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:


COMMENCING 482 FEET WEST OF THE NORTHEAST SECTION CORNER OF SECTION 4, T14N-R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN; THENCE SOUTH 264 FEET; THENCE WEST 165 FEET; THENCE SOUTH 196.78 FEET; THENCE NORTHWESTERLY 269.29 FEET; THENCE NORTH 251.77 FEET; THENCE EAST 370 FEET TO THE POINT OF BEGINNING.

be, and the same is hereby changed to Business B-1.

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

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

DESIGNATION OF BROWNFIELD REDEVELOPMENT ZONE

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

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of such areas so as to promote revitalization within an area of the City of Midland described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the “Proposed Brownfield Redevelopment Zone”); and

WHEREAS, on June 21, 1999 the City Council created the City of Midland Brownfield Redevelopment Authority in accord with the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, Section 3 (1) of the Act (MCL 125.2653(1)) provides for an Authority established prior to the effective date of the amendatory act, being Act 145 of the Public Acts of the State of Michigan of 2000, to exercise its powers within its designated zones; and

WHEREAS, in order to further such interests, it is appropriate for the City Council to provide for the operation of a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Act; and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the adoption of a proposed resolution designating the boundaries of the Proposed Brownfield Redevelopment Zone, an area within which the Authority shall exercise its powers, and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. A public hearing shall be held before the City Council on Monday, the 9th day of June, 2003, at 7:00 p.m., Eastern Daylight Time, in the City Hall in the City of Midland on the adoption of a resolution designating the boundaries of a Proposed Brownfield Redevelopment Zone, an area within the Authority shall exercise its powers.
  3. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit C, in the Midland Daily News, a newspaper of general circulation in the City of Midland on the 7th day of May, 2003, and the 14th day of May, 2003, and by posting notice of the public hearing, in the form attached hereto as Exhibit D, pursuant to the practice of the City Clerk.

(Motion adopted.)

 

BROWNFIELD REDEVELOPMENT PLAN

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

 

WHEREAS, the City Council of the City of Midland has received and reviewed testimony that there are or may be certain environmentally distressed, blighted, or economically distressed areas in the City of Midland and that the continued existence of such areas can limit, hinder, or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within an area of the City of Midland described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the “Proposed Brownfield Redevelopment Zone”); and

WHEREAS, in order to further such interests, it is appropriate for the City Council to approve a Brownfield Redevelopment Authority within the City of Midland pursuant to and in accord with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, pursuant to the Act, this Council is required (a) to hold a public hearing on the approval of a proposed Brownfield Redevelopment Plan under the Act (the “Plan”) and (b) to publish notice of said public hearing to be published in the Midland Daily News, a newspaper of general circulation in the City of Midland, all in accord with Section 4(2) of the Act; now therefore

RESOLVED, that:

  1. The City Council hereby determines that it is in the best interests of the public to promote the redevelopment of environmentally distressed, blighted, or economically distressed areas of the City of Midland, and in order to do so, to facilitate the implementation of brownfield plans relating to the designation and treatment of such areas within brownfield redevelopment zones.
  2. The City Council hereby declares its intention to implement a Brownfield Redevelopment Plan within the City of Midland pursuant to and in accord with the provisions of the Act.
  3. A public hearing shall be held before the City Council on Monday, the 9th day of June, 2003, at 7:00 p.m., Eastern Daylight Time, in the City Hall in the City of Midland on the proposed approval of a Brownfield Redevelopment Plan.
  4. The City Clerk shall give notice to the public of the public hearing by causing notice to be published in the form attached hereto as Exhibit C, in the Midland Daily News, a newspaper of general circulation in the City of Midland on the 7th day of May, 2003, and the 14th day of May, 2003, and by posting notice of the public hearing, in the form attached hereto as Exhibit D, pursuant to the practice of the City Clerk.

(Motion adopted.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION APPOINTMENT

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

 

RESOLVED, that Randy Swierzbin is hereby reappointed as the Historical Society Representative on the West Main Street Historic District Commission for a term to expire June 30, 2006.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:02 p.m.

 

 

__________________________________________

            Penny K. Kovacevich, City Clerk