August 25, 2003

 

A regular meeting of the City Council was held on Monday, August 25, 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, Hollis McKeag

Council members absent:

Daryl Griggs (excused), Marty Wazbinski (excused)

 

MINUTES

Approval of the minutes of the August 11, 2003 regular meeting was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

2003 MIDLAND NORTHEAST LITTLE LEAGUE BASEBALL TEAM

The 2003 Michigan Little League Baseball District One Champions, the Midland 11-12 All-Stars, were presented to Council.  Mayor Black introduced State Senator Tony Stamas from the 35th District.  Senator Stamas recognized each member of the team for their outstanding achievement and commended the players, coaches, families and residents of Midland for their support of the All-Star Team.  Mayor Black recognized and congratulated each player and the coaches of the 2003 Midland Northeast 11-12 All-Stars for outstanding ball play, teamwork and sportsmanship in their pursuit of the 2003 Michigan Little League Baseball District One Championship.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation recognizing the Midland Northeast 11-12 All-Stars for winning the Michigan Little League District One Championship and for the team’s outstanding play at the Little League Regional Championships.   (Motion adopted.)  Mayor Black presented the team with the proclamation of recognition.

 

NATIONAL ASSISTED LIVING WEEK IN MIDLAND

Selina Tisdale, Community Relations Coordinator, introduced Clifton King, III, Executive Director of Colonial Villa.  The following resolution was offer by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating September 7 – 13, 2003, as National Assisted Living Week in Midland.  (Motion adopted.)  Mayor Black presented the proclamation proclaiming “National Assisted Living Week” in Midland to Mr. King and Jan Nowak, Regional Director of Colonial Villa.

 

BROWNFIELD REDEVELOPMENT ZONE AND PLAN

Jack Duso, Assistant City Manager, presented information on designating the boundaries of the Brownfield Redevelopment Zone.  The boundaries include the entire City of Midland.  Amending the zone to include the entire municipality will eliminate the need for a separate public hearing to amend the zone in order to include eligible property before considering a Brownfield Redevelopment Plan for that property.  A public hearing opened at 7:22 p.m.  Gary Veurink, Vice President, Business Operations Director, Performance Chemicals Site Director Michigan Operations, made a presentation in support of the Brownfield Redevelopment Zone, the Brownfield Redevelopment Plan and supported Dow’s request for an Industrial Facilities Exemption Certificate for Dow Agrosciences, LLC, located within the Michigan Division of Dow Chemical’s Plant Rehabilitation District No. 1.  Jenee Velasquez, Executive Director of Midland Economic Development Council and Chair of the Brownfield Redevelopment Authority, spoke in support of the Redevelopment Plan and the Industrial Facilities Exemption.  The hearing closed at 7:35 p.m.  The following two resolutions were then presented for consideration.

 

BROWNFIELD REDEVELOPMENT ZONE

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

 

WHEREAS, the City Council of the City of Midland, by Resolution adopted on April 28, 2003, (the “Resolution of Intent”), determined that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of economically and environmentally distressed areas so as to promote revitalization in an area of the City of Midland described in the Resolution of Intent as the “Proposed Brownfield Redevelopment Zone,” and declared its intention to provide for the operation of a Brownfield Redevelopment Authority for the City of Midland (the “Authority”) pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, on this date, pursuant to and in accordance with the Act and the Resolution of Intent, the City Council held a public hearing, notice of which was given as required by Section 4(2) of the Act, on the adoption of a resolution designating the boundaries of the Brownfield Redevelopment Zone within which the Authority shall exercise its powers (the “Brownfield Redevelopment Zone”); and

WHEREAS, all citizens, taxpayers and property owners of the City of Midland and officials of the affected taxing jurisdictions had the right and opportunity to be heard at the public hearing on the designation of the boundaries of the Brownfield Redevelopment Zone; and

WHEREAS, the City Council desires to proceed with the designation of the boundaries of the Brownfield Redevelopment Zone within which the Authority shall exercise its powers, all pursuant to and in accordance with the Act; now therefore

RESOLVED, that the Authority shall exercise its powers within the Brownfield Redevelopment Zone, the area of the City of Midland more particularly described as the entire City of Midland as its corporate boundaries may from time to time be amended; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed; and

RESOLVED FURTHER, that the City Clerk is hereby directed to file a certified copy of this resolution and attachments with the Secretary of State of Michigan promptly after adoption and to take all other actions incident upon such adoption pursuant to applicable charter or other provisions.  (Motion adopted.)

 

BROWNFIELD REDEVELOPMENT PLAN

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

 

WHEREAS, the Brownfield Redevelopment Authority (the “Authority”) of the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) pursuant to and in accordance with Section 13 of the Act, to be carried out within the Brownfield Redevelopment Zone (the “Zone”) described in the Plan and more particularly described on Exhibits “A” and “B” hereto; and

WHEREAS, the Authority has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to and fully informed the taxing jurisdictions in which the Zone is to be located and which are affected by the Financing Plan (the “Taxing Jurisdictions”) about the fiscal and economic implications of the proposed Financing Plan, and the City Council has previously provided to the Taxing Jurisdictions a reasonable opportunity to express their views and recommendations regarding the Financing Plan and in accordance with Sections 13(10) and 14(1) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.                  The Plan constitutes a public purpose under the Act;

B.                 The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Taxing Jurisdictions, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached as Exhibit C to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.  (Motion adopted.)

 

DOW AGROSCIENCES, LLC – INDUSTRIAL FACILITIES EXEMPTION APPLICATION

Roger Elbers, Deputy City Assessor, presented information on the request from Dow Agrosciences, LLC for an Industrial Facilities Exemption Certificate.  The public hearing was held in conjunction with the request to designate boundaries of the Brownfield Redevelopment Zone.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and 

WHEREAS, Dow Agrosciences, LLC made an application dated July 8, 2003, which was received by the City Clerk on July 8, 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 $17,000,000, which includes $15,782,000 in new personal property and $1,218,000 in building improvements with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1.  This project will provide for modification and expansion of the 680 and 1028 Buildings at Michigan Operations for the production of Penoxsulam; 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 August 25, 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 a plant 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 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 Dow Agrosciences, LLC 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 Dow Agrosciences, LLC for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

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

 

2003 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

Bradd Maki, Assistant City Engineer, presented information on the 2003 Cub Street Improvement Special Assessment District.  A public hearing opened at 7:49 p.m.  Vernard D. Schweigert, 5101 Cub Street and Betty Sczepanski, 1603 Pheasant Ridge Drive, spoke in opposition to the street improvement of Cub Street.  The hearing closed at 7:54 p.m.  Council directed staff to research past request for the improvement of Cub Street. 

Council Member Currie, supported by Council Member McKeag, moved to place the resolution on the table for discussion purposes.  Mayor Black recommended postponing action if Council could not come to a unanimous vote.  Council Member Currie, seconded by Council Member McKeag, moved the following resolution to postpone action on the 2003 Cub Street Improvement Special Assessment District:

 

WHEREAS, a public hearing was held on Monday, August 25, 2003, for the purpose of considering all objections and suggestions on the proposed “2003 Cub Street Improvement Special Assessment District”; now therefore

RESOLVED, that action on said Special Assessment District is hereby postponed until September 8, 2003, at 7:00 p.m.  (Motion adopted.)

 

2003 CUB STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

No Action was taken on the Special Assessment Roll for the 2003 Cub Street Improvement Special Assessment District.

 

2003 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

Bradd Maki, Assistant City Engineer, presented information on the 2003 Dublin Sanitary Sewer Improvement Special Assessment District.  A public hearing opened at 8:09 p.m.  Jerald W. Davis, 800 W. St. Andrews and owner of property located at 4025 Dublin Avenue, spoke in support of the project.  Lawrence D. Nelson, 4107 Dublin Avenue, supported construction of the sanitary sewer improvement on Dublin.  The hearing closed at 8:16 p.m. 

Council Member Currie, supported by Council Member McKeag, moved to place the resolution on the table for discussion.  Mayor Black recommended postponing action if Council could not come to a unanimous vote.  Council Member Currie, seconded by Council Member McKeag, moved the following resolution to postpone action on the 2003 Dublin Sanitary Sewer Improvement Special Assessment District:

 

WHEREAS, a public hearing was held on Monday, August 25, 2003, for the purpose of considering all objections and suggestions on the proposed “2003 Dublin Sanitary Sewer Improvement Special Assessment District”; now therefore

RESOLVED, that action on said Special Assessment District is hereby postponed until September 8, 2003, at 7:00 p.m.  (Motion adopted.)

 

2003 DUBLIN SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

No action was taken on the Special Assessment Roll for the 2003 Dublin Sanitary Sewer Improvement Special Assessment District.

 

2003 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

Bradd Maki, Assistant City Engineer, presented information on the 2003 Isabella Street Sewer Improvement Special Assessment District.  A public hearing opened at 8:22 p.m., no comments were made, the hearing closed at 8:23 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 install sanitary sewers in a certain street, said improvement being more particularly described in a resolution dated August 11, 2003, said street being:

                   ISABELLA STREET                     from end of existing sewer to Sandow Road

and has heretofore established one special assessment district designated:

     “2003 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT          DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 25, 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 a sanitary sewer on Isabella Street 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 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 seventeen thousand dollars ($17,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be eight thousand five hundred one and 84/100 dollars ($8,501.84) and that all other costs and expenses of said improvement amounting to eight thousand four hundred ninety-eight and 16/100 dollars ($8,498.16) shall be borne and paid by special assessment on all lands and premises in said 2003 Isabella 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 ISABELLA 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.)

 

2003 ISABELLA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

Roger Elbers, Deputy City Assessor, presented information on the 2003 Isabella Sanitary Sewer Improvement Special Assessment Roll.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

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 ISABELLA 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 eighth day of September, 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 eighth day of September, 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.)

 

INFORMATION SERVICES OPERATION FUND BUDGET AMENDMENT

John Birchmeier, Information Services Director, presented information on an amendment to the Information Services Operation Fund to furnish funds for a Geographic Information System.  A public hearing opened at 8:26 p.m., no one spoke, the hearing closed at 8:27 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, a public hearing was conducted at 7:00 p.m., Monday, August 25, 2003 in the Council Chambers of City Hall on the proposal to amend the 2003-04 financial working plan of the Data Processing Operations Fund to increase appropriations for capital outlay in the amount of $45,000 to provide funding for consulting services to prepare a geographic information system (GIS) development plan; now therefore

RESOLVED, that the proposal to amend the 2003-04 financial working plan of the Data Processing Operations Fund to increase appropriations for capital outlay in the amount of $45,000 is hereby approved.  (Motion adopted.)

 

GEOGRAPHIC INFORMATION SYSTEM (GSI) DEVELOPMENT PLAN

Mark Ostgarden, City Planner, presented information on a recommendation to hire the consulting firm of Geographic Technologies Group, Inc. of Goldsboro, North Carolina, to prepare a Geographic Information System Development Plan.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, in accord with Chapter 2, Article II, Section 2-18 of the Code of Ordinances, proposals have been solicited and received for preparing a Geographic Information System (GIS) Development Plan; and

WHEREAS, the GIS steering committee interviewed the following firms:  EI Technologies, LLC; Orchard, Hiltz and McCliment, Inc. and Geographic Technologies Group, Inc. (GTG) and unanimously recommends hiring GTG, Inc.; now therefore

RESOLVED, that the proposed Professional Services Agreement with GTG, Inc. be accepted in the amount of $39,800; and

RESOLVED FURTHER, that the City Manager is authorized to approve contract change orders

in an aggregate amount not to exceed $20,000; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City.  (Motion adopted.)

 

CABLE COMMUNICATIONS FUND BUDGET AMENDMENT

Ronald Beacom, Administrative Assistant, MCTV, presented information on an amendment to the Cable Communications Fund to include cablecasting of selected boards and commissions meetings on MGTV.  A public hearing opened at 9:02 p.m., no comments were made, the hearing closed at 9:03 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 legal notice, and having conducted a public hearing Monday, August 25, 2003, the proposal to amend the budget of the Cable Communications Fund to increase expenditures by $60,300 to provide funding for the purpose of cablecasting on MGTV 5 selected City of Midland advisory boards and commissions; and

RESOLVED FURTHER, that the City staff is instructed to develop a meeting schedule for the boards and commissions in the 2004 calendar year that enables the cablecasting of their meetings from Council Chambers in City Hall.  (Motion adopted.)

 

PUBLIC COMMENTS

Dorothy Lengerman, 405 Nelson, commented on her conversation with Mr. Michael Laursen regarding the Gun & Knife Show.  She brought up questions she had regarding parking in a lot that is currently posted with “for sale” signs.  Supporters of the Gun & Knife Show indicated they were offered the use of the parking lot behind the Rodd Street Post Office, which is currently for sale.  Mrs. Lengerman questioned what the Gun & Knife show would use if this lot was sold and the legality of carrying guns on school property.

 

SCENIC ESTATES SUBDIVISION NO. 4 – TIME EXTENSION FOR SIDEWALK

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on the request to extend the amount of time allowed for completion of sidewalks in Scenic Estates Subdivision No. 4.  City Council granted installation extensions to Scenic Estates No. 4 in 1999 and 2002, another extension was not recommended.  Council Member Currie, supported by Council Member McKeag, moved to place the resolution on the table for discussion.  Mayor Black recommended postponing action if Council could not come to a unanimous vote.  Council Member Currie, seconded by Council Member McKeag, moved the following resolution to postpone action on the request to extend the time for completion of sidewalks in Scenic Estates Subdivision No. 4:

 

WHEREAS, a written request has been received from John Rapanos, a proprietor of Scenic Estates Subdivision No. 4 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that action on said request is hereby postponed until September 8, 2003, at 7:00 p.m.  (Motion adopted.)

 

SCENIC ESTATES SUBDIVISION NO. 6 – TIME EXTENSION FOR SIDEWALK

Jon Lynch, Assistant City Manager and Director of Planning and Community Development, presented information on the request to extend the amount of time allowed for completion of sidewalks in Scenic Estates Subdivision No. 6. The Planning Department recommended approving the request, this is the first extension for Scenic Estates Subdivision No. 6.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, a written request has been received from Prodo, Inc., proprietor of Scenic Estates Subdivision No. 6 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 Scenic Estates Subdivision No. 6 until December 18, 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 September 12, 2003 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion adopted.)

 

 

ANNEXATION OF PROPERTY FROM HOMER TOWNSHIP (N. Saginaw Rd.)

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

Commencing 694 feet South of the North 1/8 corner of the West line of Section 1 T14N, R1E, Homer Township, Midland County, Michigan, Thence East (South 89 degrees 43 minutes East) 165 feet; thence North 34 feet; thence East (South 89 degrees 43 minutes East) 171.67 feet; thence South 355.33 feet to the North Right of Way Line of Saginaw Road; thence Northwesterly (North 56 degree 39 minutes 32 seconds West) 402.99 feet along said Right of Way Line to the West Section line; thence North 101.50 feet along the West Section Line to the Place of Beginning.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Homer; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion adopted.)

 

ANNEXATION OF PROPERTY FROM LARKIN TOWNSHIP (West of Perrine North of Letts)

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described properties to the City of Midland:

The southeast ¼ of the northwest ¼ of section 31 Town 15 North, Range 2 East,

Larkin Township, Midland County, Michigan, EXCEPT the east 250 feet.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion adopted.)

 

WATER SERVICE AGREEMENT AMENDMENTS (Homer & Midland Townships)

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

 

WHEREAS, on July 29, 1997 the City of Midland and Homer Township entered into a water service agreement, which was amended on December 18, 2000; and

WHEREAS, on May 21, 1999 the City of Midland and Midland Township entered into a water service agreement, which was amended on September 11, 2000 and July 18, 2002; and

WHEREAS, Homer Township desires to make three connections to the Midland Township water system in order to loop its system between E. Stewart Rd. and Gordonville Rd. and to provide water service to Country Creek Lane; and

WHEREAS, City staff has reviewed the engineering design and concurs with the proposed connections; now therefore

RESOLVED, that the Second Amendment to the Water Service Agreement between the City of Midland and Homer Township is hereby approved and the Mayor and City Clerk are hereby authorized to execute the Second Amendment; and

RESOLVED FURTHER, that the Third Amendment to the Water Service Agreement between the City of Midland and Midland Township is hereby approved and the Mayor and City Clerk are hereby authorized to execute the Third Amendment.  (Motion adopted.)

 

MIDEASTERN MICHIGAN LIBRARY COOPERATIVE – MEMBERSHIP APPLICATION

Melissa Barnard, Grace A. Dow Library Director, presented information on a request to apply for membership in the Mideastern Michigan Library Cooperative.  Ms. Barnard felt that the Mideastern Michigan Library Cooperative provided the services that best meet the needs of the Grace A. Dow Memorial Library.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, based upon a recommendation of the City staff, the Grace A. Dow Memorial Library Board has recommended that the library apply for membership in the Mideastern Michigan Library Cooperative; and

WHEREAS, the membership would be effective October 1, 2003; now therefore

RESOLVED, that the City Council hereby authorizes and directs the Library Director to file with the Mideastern Michigan Library Cooperative Board the necessary documents to apply for membership.  (Motion adopted.)

 

MERS ANNUAL MEETING – OFFICER DELEGATES

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

 

RESOLVED, that Paula Speese be appointed officer delegate and Robert Fisher be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held October 1 through 2, 2003 in Dearborn, Michigan.  (Motion adopted.)

 

VOICEMAIL HARDWARE, SOFTWARE & INSTALLATION SERVICES

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

 

WHEREAS, competitive pricing has been received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for computer hardware and software; and

WHEREAS, funds have been budgeted in the 2003-2004 Information Services Investment in Assets budget for computer and software purchases; now therefore

RESOLVED, that the City Council hereby accepts the bid meeting the City’s specifications submitted by XFER Communications, Inc. of Canton, Michigan in the amount of $27,697.01 for voicemail hardware, software, and installation services and authorizes a purchase order to be issued.  (Motion adopted.)

 

2003 POSEYVILLE ROAD RECONSTRUCTION; CONTRACT NO. 5

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

 

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 Poseyville Road from Ellsworth Street to St. Charles Street; and

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

RESOLVED, that the low sealed proposal submitted by Snowden Inc. of Escanaba, Michigan, for the "2003 Poseyville Road Reconstruction; Contract No. 5", in the indicated amount of $265,564.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

 

CONCRETE CRUSHING – LANDFILL

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

 

WHEREAS, sealed bids for Concrete Crushing, Bid No. 2685, have been advertised and received in accord with Section 2-17 of the Midland Code of Ordinances; and

WHEREAS, the low bid proposal submitted by Bierlein Companies of Midland at a per ton rate of $4.98 was accepted by City staff; and

WHEREAS, sufficient funds are available in the Landfill account number 517-8110-811.93-42 Grounds Maintenance; now therefore

RESOLVED, that a purchase order is authorized to Bierlein Companies of Midland in the amount of $19,920; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $5,000.  (Motion adopted.)

 

NORTHEAST PRESSURE DISTRICT PUMP STATION

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

 

WHEREAS, on Tuesday, August 12, 2003 sealed proposals were received for Bid No. 2680, Northeast Pressure District Pump Station, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bids have been thoroughly reviewed by staff and the City's engineering consultant for this project, and determined that the low bid of $1,129,100.00 submitted by Sugar Construction, Inc. of Midland be accepted in the best interest of the City; and

WHEREAS, sufficient funds are available in the 2003/04 Water Fund account #591-9120-912.97-65 - Capital Outlay / Construction Projects; now therefore

RESOLVED, that the low sealed proposal submitted by Sugar Construction, Inc. of Midland for the indicated amount of $1,129,100.00, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

ZONING PETITION NO. 501

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 29, 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 September 12, 2003 and to publish said notice on September 13, 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 AN OFFICE SERVICE-2 WHERE A TOWNSHIP 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:

SECTION 2 T14N R1E COMMENCING AT INTERSECTION OF NORTH 1/8 LINE WITH NORTH LINE OF EAST SAGINAW ROAD (OLD US-10), THEN EAST 365 FEET, SOUTH 240.18 FEET, NW 435.9 FT ALONG NORTH LINE OF EAST SAGINAW ROAD (OLD US-10) TO POB

SECTION 2 T14N R1E COMMENCING 581 FEET WEST OF NORTH 1/8 CORNER ON EAST SECTION LINE WEST 265 FEET, SOUTH 240 FEET, SOUTHEAST 316.5 FEET, NORTH 414.6 FEET TO POB

be, and the same is hereby changed to Office Service-2.

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.)

                                                                      

Being no further business the meeting adjourned at 9:27 p.m.

 

 

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            Penny K. Kovacevich, City Clerk