A regular meeting of the City
Council was held on
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Councilman Rokosz requested the
minutes of the January 19th special meeting on Engineering
Priorities be amended to reflect his request that a street light be considered
on
ALDEN B. DOW DAY
Communications Coordinator Libby Richart introduced Craig McDonald, Director of the Alden B. Dow Home and Studio, who spoke on the 100th Anniversary of Alden B. Dow’s birth. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating April 10, 2004, as Alden B. Dow Day in Midland. (Motion adopted.)
IFT CERTIFICATE #96-331 - TRANSFER TO ICM
SYSTEMS, LLC
Deputy City Assessor Roger Elbers
presented information on the request from Ingersoll
CM Systems, Inc. to transfer an Industrial Facilities Exemption Certificate to
ICM Systems, LLC. A public hearing
opened at
WHEREAS, the MCEDC
Industrial Park Industrial Development District No. 1 was established by
resolution of the Midland City Council on
WHEREAS, ICM
Systems, LLC made an application dated December 8, 2003, which was received by
the City Clerk on December 8, 2003, requesting that the City of Midland approve
the transfer of Industrial Facilities Exemption Certificate number 96-331 which
was previously granted to Ingersoll CM Systems, Inc.;
and
WHEREAS, the
application for the certificate transfer is a result of the property at 3505
Centennial Drive being purchased by ICM Systems, LLC on July 10, 2003 with the
Industrial Facilities Exemption Certificate having a real property component of
$1,390,000 and a personal property component of $820,000 for a total project
cost of $2,210,000 with the same being located within the MCEDC Industrial Park
Industrial Development District No. 1; and
WHEREAS, the City
Council, by written notice, afforded the applicant, the City Assessor, and
representatives of each affected taxing unit an opportunity for a hearing on
January 26, 2004, 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; now therefore
RESOLVED, that the
City Council of the City of Midland approves the transfer of Industrial
Facilities Exemption Certificate 96-331 from Ingersoll
CM Systems, Inc. to ICM Systems, LLC as a result of the property at 3505
Centennial Drive being purchased by ICM Systems, LLC on July 10, 2003 and
conditioned upon the executed assignment of the August 8, 1996 Public Act 198
Agreement between Ingersoll CM Systems, Inc. and the
City of Midland to ICM Systems, LLC; and
RESOLVED FURTHER,
that said application for the transfer of Industrial Facilities Exemption
certificate 96-331 from ICM Systems, LLC is hereby approved for a period of 4
years with an ending date of
PUBLIC COMMENTS
No comments were made.
SITE PLAN NO. 234 – COURTS
OF JOSEPH’S RUN
Jon Lynch, Assistant City
Manager, presented information on Site Plan No. 234 for 18 site condominiums
north of
WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 234, the request of F/A Pnacek, LTD for construction of 18 site condominiums north of Joseph Drive and east of Jefferson Avenue; and
WHEREAS, the City Council has reviewed the proposed Site Plan No. 234 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. 234, contingent upon the following:
1. Following construction, utility
easements and a detention pond location easement shall be provided.
2. Site lighting will not cast
illumination off site.
3. Storm water retention plans are
reviewed and approved by the City of Midland Engineering Department.
4. Sidewalks along
5. Access capable of supporting a 60,000
lb. vehicle is necessary prior to construction on any of the proposed “lots”.
6. On street
parking should be provided on the east side of the private streets, opposite
the fire hydrants.
7. Hammerhead dimensions will be increased
to 30’ by 60’.
8. A six foot tall opaque screen will be
installed along the north property line of the subject parcel.
(Motion adopted. Yeas: Black, Johnson, McKeag, Rokosz Nays: Myers)
LIBRARY BOARD APPOINTMENT – ANN HEARD
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Ann Heard is hereby appointed as the Midland
Public Schools Representative to the Library Board to fill an unexpired term
expiring
CENTRAL DISPATCH AUTHORITY – DUSO
REAPPOINTMENT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Jack Duso is
hereby reappointed to the Midland County Central Dispatch Authority
Administrative Policy Board for a term of four years beginning
ZONING BOARD OF APPEALS – PELTON RESIGNATION
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the resignation of Lee Pelton as a member of the Zoning Board of Appeals is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Pelton for his service on this important Board. (Motion adopted.)
COMPREHENSIVE ANNUAL FINANCIAL REPORT –
YEAR ENDED
Removed from agenda.
PAYMENT FOR APPRAISAL SERVICES – DOW CHEMICAL TAX APPEAL
City Attorney James Branson presented information on the payment for legal services to Francis E. Moss in connection with The Dow Chemical Company tax appeal. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, The Dow Chemical
Company appealed the 1997, 1998, 1999, 2000, 2001, 2002 and 2003 assessments
and taxable values of certain property it owns in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS, the appraisal firm of Francis E. Moss has been retained in
assisting the City of Midland in its defense of said appeals; and
WHEREAS, the cost of continuing said
appraisal services is expected to exceed $20,000 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 Dow Chemical Tax
Appeal activity of the 2003-2004 General Fund budget; now therefore
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to the
appraisal firm of Francis E. Moss for its appraisal assistance in connection
with the aforementioned appeals is hereby authorized in a total amount not to
exceed $35,000. (Motion adopted.)
ZONING PETITION NO. 504
The following resolution was offered by Councilman Myers and seconded by
Councilman McKeag:
RESOLVED, that
notice is hereby given that a public hearing will be held by the City Council
on Monday, February 23, 2004, 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
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 COMMUNITY WHERE A LIMITED COMMERCIAL,
MANUFACTURING AND RESEARCH AND INDUSTRIAL B DISTRICTS PRESENTLY EXIST.
The City of
Section
1. That the Zoning Map of Ordinance
No. 727, being the Zoning Ordinance of the City of
PART OF THE SOUTHEAST ¼ OF SECTION 34, T15N-R2E,
CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN DESCRIBED AS BEING NORTH OF THE
NORTHERLY RIGHT OF WAY OF U.S.-10, EAST OF THE CENTERLINE OF EXISTING MIDFIELD
DRIVE, SOUTH OF THE CENTERLINE OF EXISTING JOSEPH DRIVE AND WEST OF THE
EASTERLY RIGHT OF WAY OF THE PROPOSED CONNECTOR ROAD; CONTAINING 35.2 ACRES
MORE OR LESS.
MORE PARTICULARLY DESCRIBED AS BEGINNING NORTH
526.32 FEET MORE OR LESS ALONG THE WEST SECTION LINE AND EAST 2690.53 FEET MORE
OR LESS ALONG THE NORTHERLY RIGHT OF WAY LINE OF U.S.-10 TO THE POINT OF
BEGINNING FROM THE SOUTHWEST SECTION CORNER OF SAID SECTION 34; THENCE NORTH
1220.57 FEET MORE OR LESS ALONG THE CENTERLINE OF EXISTING MIDFIELD LANE;
THENCE SOUTHEASTERLY 959.65 FEET MORE OR LESS ALONG A CURVE ALONG THE
CENTERLINE OF EXISTING JOSEPH DRIVE; THENCE SOUTH 67 DEGREES 08 MINUTES 46
SECONDS EAST 257.49 FEET MORE OR LESS ALONG SAID EXISTING CENTERLINE; THENCE
SOUTHEASTERLY 16.82 FEET MORE OR LESS ALONG A CURVE ALONG SAID CENTERLINE;
THENCE SOUTHEASTERLY 398.69 FEET MORE OR LESS ALONG A CURVE ALONG THE EASTERLY
RIGHT OF WAY OF PROPOSED CONNECTOR ROAD; THENCE SOUTH 82 DEGREES 27 MINUTES 13
SECONDS EAST 176.92 FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE; THENCE
SOUTHEASTERLY 574.21 FEET MORE OR LESS ALONG A CURVE ALONG SAID RIGHT OF WAY
LINE; THENCE SOUTH 15 DEGREES 29 MINUTES 25 SECONDS WEST 77.98 FEET MORE OR
LESS TO THE NORTHERLY RIGHT OF WAY LINE OF U.S.-10; THENCE NORTHWESTERLY 719.06
FEET MORE OR LESS ALONG SAID RIGHT OF WAY LINE; THENCE WEST 1006.28 FEET MORE
OR LESS ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINING 35.2 ACRES MORE OR LESS
be, and the same is
hereby changed to Community.
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.)
CITY MANAGER – ANNUAL JPR
Mayor Black reported on the annual job
performance review conducted by City Council for City Manager Karl S.
Tomion. The following resolution was then
offered by Councilman McKeag and seconded by Councilman Johnson:
RESOLVED, that the salary of Karl
S. Tomion, City
RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect. (Motion adopted.)
CITY ATTORNEY – ANNUAL JPR
Mayor Pro Tem Johnson reported on the annual
job performance review conducted by City Council for City Attorney James O.
Branson III. The following resolution
was then offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the salary of James O. Branson III, City Attorney, is amended to recognize a salary increase from $97,000 annually to $103,500 effective January 26, 2004; and
RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect. (Motion adopted.)
MCV TAX TRIBUNAL DECISION PRESENTATION
Mayor Black reviewed information pertaining
to the Michigan Tax Tribunal’s decision on the MCV Tax Appeal made on
NEW BUSINESS
Councilman Myers asked that the City Manager
present a report to Council regarding the City of
Councilman Myers asked that a report be
prepared on giving the City Attorney authority to handle claims and issues of
small settlements amounting to $5000 or less.
CLOSED SESSION – PENDING LITIGATION (MCV TAX APPEAL)
Mayor Black, a partner in the law firm of
Currie Kendall Polasky Meisel
PLC, who represents the Midland Cogeneration Venture, requested he be allowed
to abstain from voting on this item.
Council unanimously agreed to the abstention. The gavel was handed to Mayor Pro Tem
Johnson. The following resolution was
then offered by Councilman Rokosz and seconded by Councilman Myers:
RESOLVED, that in accord with
Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of
1976, as amended, and upon adoption of this resolution by at least four
affirmative votes of the
Being no further business the
meeting adjourned to a closed session at
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Selina Tisdale, City Clerk