A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
ZONING PETITION NO. 506
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 ZONING WHERE A OFFICE SERVICE 2 PRESENTLY EXISTS.
The
City of
Section
1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the
City of
Commencing No 5M 20S W 247.95 Feet; thence No 5M 20S W 40.00 feet; thence N 45D 1M E 101.04 Feet; thence N 89D 37M 40S E 50.91 feet to the Point of Curvature of a curve Concave to the south having a radius of 2232.01 Feet and a Central Angle of 2D 28M; thence Easterly 96.27 Feet along the arc of said curve; said arc having a long chord bearing and distance of S 89D 8M 12S E 96.26 Feet; thence S 5M 20S E 131.91 Feet; thence S 89D 54M E 64.37 Feet; thence S 5M 20S E 247.93 Feet; thence N 89D 54M 17S W 304.37 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 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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. (Ordinance denied. Yeas: None Nays: Black, Johnson, McKeag, Myers, Rokosz)
2003-04 DDA BUDGET AMENDMENT
City Controller David Keenan
reviewed amendments to the 2003-04 Downtown Development Authority budget for
the spring 2004 planting season. The
public hearing was opened at
WHEREAS, 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 on Monday, April 12, 2004, on the proposal to amend the 2003-2004 Downtown Development Authority budget to provide $15,500 of funding to hire a temporary horticulturist and two temporary unskilled laborers to plant and maintain the City’s landscaping within the downtown district; now therefore
RESOLVED, that the 2003-2004 Downtown Development Authority budget be
amended to increase appropriations by $15,500 for reasons provided in the
preceding paragraph. (Motion adopted.)
PUBLIC COMMENTS
Tom Neuenfeldt,
Council took a brief recess at
Council resumed the meeting at
PROPOSED 2004-05 BUDGET
Fiscal Services Director Robert Fisher introduced City Controller David Keenan who provided a slide presentation regarding proposals contained in the City Manager’s proposed City budget. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2004-05 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 2004-05 budget shall be conducted on Monday, April 26, 2004 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 2004-05 budget shall be conducted on Monday, May 10, 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
RESOLVED FURTHER, that copies of
the proposed 2004-05 budget of the City of Midland shall be placed on file for
public examination during normal business hours at the City
RESOLVED FURTHER, that the City
CIVIC ARENA BONDS – NOTICE OF INTENT
Fiscal Services Director Robert Fisher presented information regarding the City’s intent to issue general obligation bonds for the purpose of financing a portion of the cost to construct and equip a new Civic Arena. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the City intends to issue and sell general obligation capital improvement bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000) for the purpose of paying the cost of acquiring and constructing certain capital improvement items consisting of a civic arena together with all necessary and related appurtenances and attachments (the “Project”); and
WHEREAS, a notice of intent to issue bonds must be published before the issuance of the aforesaid bonds in order to comply with the requirements of Section 517 of Act 34, Public Acts of Michigan, 2001, as amended; and
WHEREAS, the City intends, at this time to state its intentions to be reimbursed from proceeds of the bonds for any expenditures undertaken by the City for the Project prior to issuance of the bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Midland Daily News, a newspaper of general circulation in the City.
2. Said notice of intent shall be published as a one-quarter (1/4) page display advertisement in substantially the following form:
NOTICE TO ELECTORS
OF
THE CITY OF
OF INTENT TO ISSUE BONDS
SECURED BY THE TAXING
POWER OF THE CITY AND THE
RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Council of the City of Midland, Midland and Bay County, Michigan, intends to issue and sell general obligation capital improvement bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000) for the purpose of paying the cost of acquiring, constructing, furnishing and equipping a civic arena for recreational, office and conference use together with parking facilities, site improvements and necessary and related appurtenances and attachments therefor.
Said bonds will mature in annual installments not to exceed twenty-five (25) in number, with interest rates to be determined at sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds. The bonds may be issued in one or more series as shall be determined by the City Council.
SOURCE
OF PAYMENT OF BONDS
THE PRINCIPAL AND INTEREST OF THE BONDS shall be payable from the general funds of the City lawfully available for such purposes including property taxes levied within applicable charter, statutory and constitutional limitations.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts of Michigan, 2001, as amended.
Selina Tisdale
Clerk, City of
3. The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is the method best calculated to give notice to the City’s taxpayers and electors of this Council’s intent to issue the bonds, the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed.
4. The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:
(a) As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City.
(b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof.
(c) The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $6,500,000.
(d) A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution.
(e) The expenditures described in (b) above are “capital expenditures” as defined in Treas. Reg. § 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid).
(f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas. Reg. § 1.150‑2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in (d) above.
5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. (Motion adopted.)
FINAL PLAT OF OAKBROOK ESTATES EAST
SUBDIVISION
WHEREAS, the Final Plat of Oakbrook Estates East 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 Oakbrook Estates East 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
TRAFFIC CONTROL ORDER S-03-13
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No.
S-03-13 filed
That Robinhood
Terrace shall stop for
is hereby made permanent. (Motion adopted.)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the attached Easement Agreement from The Dow Chemical
Company, to the City of Midland, for part of the Right of Way required to
construct the George Street Drainage Basin sewer project in Section 21, T. 14
N., R. 2 E., is hereby accepted and that the Mayor and City
EASEMENT FOR GAS PIPELINE TO CONSUMERS
ENERGY
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the attached Easement for Gas Pipeline from Consumers Energy Company to the City of Midland, for placement of a gas main and related gas services between Joe Mann Boulevard and Commerce Drive through the east 15 feet of the Northeast ¼ of the Northeast ¼ of Section 32, Township 15 North, Range 2 East, lying Westerly of the Westerly right of way line of Eastman Avenue, City of Midland, Midland County, State of Michigan, is hereby accepted and that the easement is ordered recorded. (Motion adopted.)
NEW STREET CERTIFICATION
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, certain streets have been
constructed within the City of
Toboggan Run from City Forest Estates Drive
to end of cul-de-sac
; and
WHEREAS, the centerline of Elisenal Drive is
described as: Commencing at the North ¼
Corner of Section 33, T. 15 N., R. 2 E.;
thence S00°02’15”E, 1899.89 feet
along the North-South ¼ of Section 33 to the centerline of Jacobs Drain; thence
along the centerline of Jacobs Drain the following 3 courses, 1) S89°14’05”W
20.88 feet, 2) N71°04’45”W 480.45 feet, 3) S86°26’10W 776.53 feet to the
centerline of Elisenal Drive and the point of beginning; thence S00°03’58”E 890.72 feet; thence
Southeasterly 64.78 along the arc of a curve to the left having a chord bearing
and distance of S7°21’27”E, 64.60 feet; thence Southwesterly 160.69 feet along
the arc of a curve to the right having a chord bearing and distance of S3°37’57”
W 157.94 feet; thence S21°54’50”W 35.06 feet, to the centerline of Joe Mann
Boulevard and the point of ending; and
WHEREAS,
Broadhead Drive and Miramist Circle are in the recorded plat of
Broadhead Estates No. 1 and Toboggan Run is in the recorded plat of City Forest
Estates No. 2; and
WHEREAS,
it is necessary to furnish certain information to the State of Michigan
to place said streets within the City of Midland Street System for the purpose
of obtaining funds under Act 51, P.A. 1951 as amended; now therefore
RESOLVED, that said streets are located
within public rights-of-way under the control of the City of
RESOLVED FURTHER, that the City of
REQUEST FOR STREET NAME CHANGE (
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that
the request submitted on
BUDGET TRANSFER & PAYMENT FOR LEGAL
SERVICES (MEIJER TAX APPEAL)
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, Meijer, Inc. appealed the 1993 and 1994 assessments and
taxable values of certain property it owns in the City of Midland to the
Michigan Tax Tribunal; and
WHEREAS, the Michigan Tax Tribunal issued an Opinion and Judgment on
Remand in favor of the City of
WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been
utilized in assisting the City of Midland in its defense of said appeals; and
WHEREAS, on
WHEREAS, the cost of continuing said legal fees is expected to exceed
the previously approved amount and therefore approval of the
WHEREAS, sufficient budgetary funding exists within the 2003-2004
General Fund budget in the General Tax Appeal activity; and
WHEREAS, 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; now therefore
RESOLVED, that the
Director of Fiscal Services is hereby authorized to transfer $30,000 within the
2003-2004 General Fund budget from the appraisal account in the General Tax
Appeal activity to the legal fees account in the General Tax Appeal activity;
and
RESOLVED FURTHER,
that the Director of Fiscal Services is hereby authorized to transfer $70,000
within the 2003-2004 General Fund budget from the tax roll adjustments account
in the General Tax Appeal activity to the legal fees account in the General Tax
Appeal activity; and
RESOLVED FURTHER, that payment to the law firm of Miller, Canfield,
Paddock & Stone, PLC for its assistance in connection with the
aforementioned appeal is hereby authorized in an amount not to exceed $250,000. (Motion adopted.)
2004
City Attorney James O. Branson, III presented a report on the 2004
Midland Gun Show sponsored by the Midland County Sportsman’s Club at the
Midland Civic Arena on
WHEREAS, on April 3rd and 4th, 2004 the “2004 Midland Gun Show” was held at the Midland Civic Arena; and
RESOLVED, that the
2004 SURFACE
TREATMENT PROGRAM; CONTRACT NO. 4
The following resolution was offered by Councilman Myers and seconded
by Councilman 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 surface
treatment of local and major streets; and
WHEREAS, funding for this project is provided by the Major and Local Street
Funds; now therefore
RESOLVED, that the adjusted low sealed proposal submitted by Terry
Construction of Hamilton, Ohio for the "2004 Surface Treatment Program;
Contract No. 4", in the indicated amount of $143,245.70 based upon City
estimated quantities is hereby accepted and the Mayor and the City
RESOLVED FURTHER, that the City Manager has the authority to approve
any change orders modifying or altering this contract in an aggregate amount
not to exceed $20,000. (Motion adopted.)
2004 ASHMAN WATER
MAIN UNDER US-10; CONTRACT NO. 11
The following resolution was offered by Councilman Myers and seconded
by Councilman 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
installation of a new 10” water main along the south side of Ashman Street and
under Highway US-10; and
WHEREAS, funding for this project is provided by the Water Fund; now
therefore
RESOLVED, that the low sealed proposal submitted by Huckins
Contracting, Inc. of Beaverton, Michigan, for the "2004 Ashman Water Main
under US-10; Contract No. 11", in the indicated amount of $52,516.50,
based upon City estimated quantities is hereby accepted and the Mayor and the
City
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.)
2004 WATER MAIN
REPLACEMENT PROGRAM; CONTRACT NO. 12
The following resolution was offered by Councilman Myers and seconded
by Councilman 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
replacement of water mains on Corning Lane, Sauve Street and on Bay City Road
from Sauve Street to Saginaw Road; and
WHEREAS, funding for this project is provided by the Water Fund; now
therefore
RESOLVED, that the low sealed proposal submitted by Sova Excavating
& Trucking, Inc. of Midland, Michigan, for the "2004 Water Main
Replacement Program; Contract No. 12", in the indicated amount of
$159,341.94, based upon City estimated quantities is hereby accepted and the
Mayor and the City
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.)
2004 EASTMAN CURB
AND SIDEWALK; CONTRACT NO. 21
The following resolution was offered by Councilman Myers and seconded
by Councilman 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
installation of concrete curbs, driveway and sidewalks on the west side of
Eastman Avenue at the entrance to the Midland County Fairgrounds; and
WHEREAS, funding for this project is provided by the Major Street Fund
and the Midland County Fair Board; now therefore
RESOLVED, that the low sealed proposal submitted by Johnston
Contracting, Inc. of Midland, Michigan, for the "2004 Eastman Curb and
Sidewalk; Contract No. 21", in the indicated amount of $35,171.50, based
upon City estimated quantities is hereby accepted and the Mayor and the City
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.)
SPRAYGROUND AT
Director of Public Services Martin McGuire presented a report on the
construction of a Sprayground at
WHEREAS, on October 27, 2003, acting upon a recommendation of the Parks
and Recreation Commission, the City Council accepted a gift from the Rollin M.
Gerstacker Foundation to build a sprayground on Longview School property; and
WHEREAS, Sections 2-20 of the Code of Ordinances allows for the waiving
of bids when donated funds are used; and
WHEREAS, staff had determined it to be in the best interest of the City
to utilize the same vendor as was used for the City’s first sprayground; now
therefore
RESOLVED, that the City Council, in accord with Section 2-20 of the
Code of Ordinances, waives competitive bids for the sprayground; and
RESOLVED FURTHER, that the Mayor and City
BICYCLE MOTOCROSS
TRACK
Director of Public Services Martin McGuire presented information on a
$32,000 donation from the Midland Area Community Foundation and the Midland
County Youth Council to build a bicycle motocross track at
WHEREAS, the Midland Area Community Foundation and the Midland County
Youth Action Council have offered to donate a total of $32,000 to build a
bicycle motocross track; and
WHEREAS, the Parks and Recreation Commission has recommended that the
City Council accept the gifts and build a BMX track in Stratford Woods Park;
and
WHEREAS, the City staff has worked with the National Bicycle League,
the national governing body of the sport, which offers a track building
service; now therefore
RESOLVED, that the City Council hereby accepts the gifts from the
Midland Area Community Foundation and the Midland County Youth Action Council,
and authorizes staff to proceed with the project; and
RESOLVED FURTHER, that the Mayor and City
AMENDMENT TO
LANDFILL LETTER OF CREDIT
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, on January 9, 1989, the City of Midland entered into an agreement with Chemical Bank and Trust Company to provide a letter of credit in favor of the State of Michigan to fulfill certain bonding requirements imposed upon the City by Michigan law with respect to the City of Midland Sanitary Landfill; and
WHEREAS, on five separate occasions since that date, amendments to said agreement have been approved by the City Council and the Bank to reflect changes in the state’s bonding requirements; and
WHEREAS, the Michigan Department of Environmental Quality (MDEQ), Waste and Hazardous Materials Division, requires that the Landfill provide sufficient financial assurance so that funding will be available to meet environmental expenses (repairs and/or closure costs) associated with the operation of a Landfill, prior to the issuance of the new Landfill operating license; and
WHEREAS, the Bank is willing to further amend the Agreement, changing the letter of credit from $3,425,000.00 to $3,526,500.00 to comply with the requested update; now therefore
RESOLVED, that the Sixth
Amendment To Agreement For Letter Of Credit By And Between Chemical Bank And
Trust Company And The City Of Midland, Michigan Dated
LANDFILL FUEL
STORAGE SYSTEM UPGRADE
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, the Landfill currently has a 5,000 gallon single-contained, above ground diesel fuel tank for supplying fuel to its onsite heavy equipment, which is no longer acceptable according to the Michigan Department of Environmental Quality (MDEQ) and must be upgraded to meet State regulations; and
WHEREAS, sealed bids for the Landfill Fuel Storage System Upgrade, Bid No. 2751, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and
WHEREAS, on
WHEREAS, MDEQ officials then recommended
an above ground, double-contained tank, thereby eliminating the need for a
concrete spill retention dike, resulting in a net increase of $350.00 for a
total cost of $45,063.00; and
WHEREAS, the 2003/04 Landfill budget contains $12,000.00 for said purpose, requiring an intra-fund transfer of $33,063.00 to provide funding for this project; now therefore
RESOLVED, that a budget transfer is authorized in the amount of $33,063.00 from the Landfill Cell 15 Development Project to account 517-9120-912.97-25 – Capital Equipment; and
RESOLVED FURTHER, the modified bid proposal submitted by R. W. Mercer of Saginaw in the amount of $45,063.00 is accepted and a purchase order is hereby authorized; and
RESOLVED FURTHER, that the City
PAYMENT FOR LEGAL
SERVICES – DOW CORNING & CHEMICAL TAX APPEALS
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
WHEREAS, the Dow Corning Corporation
appealed the 1996, 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 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 law firm of Miller, Canfield,
Paddock & Stone has been utilized in assisting the City of Midland in its
defense of said appeals; and
WHEREAS, on
WHEREAS, the cost
of continuing said legal services is expected to exceed the previously approved
amount and therefore approval of the
WHEREAS, sufficient budgetary funding exists
within the Dow Corning and The Dow Chemical Tax Appeal activity of the
2003-2004 General Fund budgets; 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 law
firm of Miller, Canfield, Paddock & Stone for its legal assistance in
connection with the aforementioned appeals is hereby authorized in a total
amount not to exceed $4,805,000. (Motion
adopted.)
CASE SYSTEMS, INC. – IFT APPLICATION
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that an application dated March 1,
2004 was received March 8, 2004 from Case Systems, Inc. with supporting data
pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974,
as amended, for an industrial facilities exemption certificate within the Case
Systems, Inc., Plant Rehabilitation District relating to new facilities for
both real and personal property with the facility intended to provide for the
purchase and move-in of used metal fabrication and power coating equipment from
an existing out-of-state company to the Midland facility along with real
property improvements necessary to accommodate the new equipment consisting of
construction and mechanical and electrical updates in the amount of
$1,377,099.95 relating to new facility approval to allow further expansion in
the Case Systems, Inc., Plant Rehabilitation District is hereby acknowledged
received and ordered placed on file in the City
RESOLVED FURTHER, a hearing shall be held
before the City Council on Monday, April 26, 2004, at 7:00 p.m., in the Council
Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the
purpose of affording the applicant, the City Assessor and representatives of
the affected taxing units an opportunity for a hearing on the application and
the City
2004 SIDEWALK IMPROVEMENT PROGRAM HEARING OF NECESSITY
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
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
Cinema Drive (east side) from
Foster Road
(east side) from 108 feet
south of Hollyberry to 288 feet south of
Hollyberry
;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 “2004 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said
district comprises and includes the following described lands and premises, to
wit:
Beginning at the
Southwest Corner of Section 12, T. 14 N., R. 2 E., City of Midland, Michigan;
thence North 200 feet, along the West Section Line; thence East, parallel to
the South Section Line, to a point 660 feet East of the West 1/8 Line; thence
South, 200 feet, to the South Section Line; thence West, along the South
Section Line, to the Point of Beginning.
Cinema Drive (east side) from
A parcel of land
in Section 33, T. 15 N., R. 2 E., City of Midland, Michigan; being 200 feet
wide and lying Easterly from and parallel to the centerline of Cinema Drive and
being bounded on the North by the Centerline of Joe Mann Boulevard (South 1/8
Line) and bounded on the South by the Northerly Right of Way line of Highway
US-10.
The East 200 feet
of the Northeast ¼ of Section 32, T. 15 N., R. 2 E.,
Foster Road
(east side) from 108 feet
south of Hollyberry to 288 feet south of
Hollyberry
Lots 17 and 18 of
Foster Woods Subdivision No. 1 in Section 2, T. 14 N., R. 2 E.,
Lots 21, 22, 23,
24 and 25, except the South 15 feet of Lots 21 and 22 of Andrews Subdivision in
Section 14, T. 14 N., R. 2 E., City of Midland, Michigan.
Beginning at the
intersection of the centerline of Joseph Drive with the West Section Line of
Section 34, T. 15 N., R. 2 E., City of Midland, Michigan; thence South 200 feet, along the West Section
Line; thence Easterly, parallel to the centerline of Joseph Drive, to the
centerline of Midfield Lane; thence North 200 feet, to the centerline of Joseph
Drive; thence Westerly, along the centerline of Joseph Drive, to the Point of
Beginning.
Beginning at the
intersection of the centerline of Joe Mann Boulevard with the West Section Line
of Section 33, T. 15 N., R. 2 E., City of Midland, Michigan; thence South 200 feet, along the West Section
Line; thence Easterly, parallel to the centerline of Joe Mann Boulevard, to the
East Section Line of said Section 33;
thence North 200 feet, along the East Section Line, to the centerline of
Joe Mann Boulevard; thence Westerly, along the centerline of Joe Mann
Boulevard, to the Point of Beginning.
Beginning at the
intersection of the centerline of St. Andrews Road with the North line of Lot
25 of Johnson-Runnells Subdivision in Section 10, T. 14 N., R. 2 E., City of
Midland, Michigan; thence East along the North line of Lots 24 and 25 of
Johnson-Runnells Subdivision, to the West line of Morse Park Subdivision;
thence North along the West line of Morse Park Subdivision, to the centerline
of Plymouth Street; thence West, along the centerline of Plymouth Street, to
the centerline of Plymouth Park Drive;
thence Southerly along the centerline of Plymouth Park Drive, to the
centerline of St. Andrews Road and the Point of Beginning.
;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 two hundred ten thousand fifty-two and
75/100 dollars ($210,052.75); 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 eighty-nine thousand two hundred
sixty-one and 75/100 dollars ($89,261.75) and that all other costs and expenses
of said improvement amounting to one hundred twenty thousand seven hundred
ninety-one dollars ($120,791) 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
RESOLVED FURTHER,
that the City Council will meet in the City Hall in said City on Monday, May
10, 2004 at 7:00 p.m., then and there to hear any objections or suggestions on
the proposed improvement; and
RESOLVED FURTHER,
that the City
PROPOSED 2003-04 GENERAL FUND BUDGET
AMENDMENT (AIRPORT PROJECT)
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland,
a public hearing shall be conducted at 7:00 pm, April 26, 2004 in the Council
Chambers of City Hall on the proposal to amend the 2003-04 General Fund budget
to increase revenues by $19,265 to recognize unbudgeted revenue in the form of
a construction project refund from the 2000-01 Barstow Airport Apron Project,
and increase expenditures by $19,265 to transfer these funds to pay
construction costs in the 2004 Barstow Airport Taxi Street Project. (Motion adopted.)
PROPOSED 2003-04 GENERAL FUND BUDGET AMENDMENT (GRANT REVENUES)
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, unanticipated revenue in the amount of $85,707 has been awarded from FEMA’s 2003 Assistance to Fire Fighters Grant Program for the purpose of purchasing needed equipment at the City of Midland Fire Department; and
WHEREAS, it is the Fire Department’s intent to use said funds toward purchasing an air tank filling unit and replacement of the base radio station at Station One at a total cost of $95,229; and
WHEREAS, the 2003-04 General Fund budget already includes an appropriation in the amount of $25,507 to replace said base radio equipment, resulting in a need for additional appropriations of $69,722; now therefore
RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, April 26, 2004, in the Council Chambers of City Hall on the proposal to amend the 2003-04 General Fund budget in order to increase Miscellaneous Revenues by $85,707 and to increase appropriations for Fire Department Capital Outlay by $69,722. (Motion adopted.)
PROPOSED 2004-05 CDBG BUDGET
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City of Midland will receive $303,000 in Community Development Block Grant funds for fiscal year 2004-05; and
WHEREAS, $100,230 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 26, 2004, 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
ZONING PETITION NO. 507
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, May 10, 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 RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT
PRESENTLY EXIST.
The City of
Section 1. That the Zoning Map of Ordinance No. 727,
being the Zoning Ordinance of the City of
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.
be, and the same is hereby changed to Residential A-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.)
ZONING PETITION NO. 508
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, May 10, 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 BUSINESS B-2 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY
EXIST.
The City of
Section 1. That the Zoning Map of Ordinance No. 727,
being the Zoning Ordinance of the City of
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.
be, and the same is hereby changed to Business B-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.)
ZONING PETITION NO. 509
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, May 10, 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 AGRICULTURAL ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY
EXIST.
The City of
Section 1. That the Zoning Map of Ordinance No. 727,
being the Zoning Ordinance of the City of
SECTION 12 T14N R2E COMMENCING 290 FEET EAST OF
NORTH ¼ CORNER THEN SOUTH 196 FEET, EAST 180 FEET, NORTH 196 FEET, WEST 180
FEET.
be, and the same is hereby changed to Agricultural.
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.)
ZONING PETITION NO. 510
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, May 10, 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 RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT
PRESENTLY EXIST.
The City of
Section 1. That the Zoning Map of Ordinance No. 727,
being the Zoning Ordinance of the City of
SECTION 31, T15N R2E COMMENCING 1,014.48 FEET SOUTH
OF THE NORTH ¼ CORNER THEN SOUTH 289.74 FEET, NORTH 89 DEGREES 26 MINUTES WEST
310 FEET, NORTH 289.62 FT, SOUTH 89 DEGREES 27 MINUTES EAST 310 FEET.
be, and the same is hereby changed to Residential A-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.)
ZONING PETITION NO. 511
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, May 10, 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 RESIDENTIAL B ZONING WHERE A TOWNSHIP ZONING DISTRICT
PRESENTLY EXIST.
The City of
Section 1. That the Zoning Map of Ordinance No. 727,
being the Zoning Ordinance of the City of
THE SOUTH ½ OF THE NORTHEAST ¼ OF SECTION 33, TOWN
15 NORTH, RANGE 2 EAST, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, EXCEPT
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ½ OF THE NORTHEAST ¼ OF SECTION
33, THEN WEST 528 FEET, THEN SOUTH 165 FEET; THEN EAST 528 FEET; THEN NORTH 165
FEET TO THE PLACE OF BEGINNING; AND EXCEPT COMMENCING AT A POINT 600 FEET NORTH
OF THE EAST ¼ CORNER OF SECTION 33, T15N, R2E, THEN NORTH 290 FEET ALONG THE
EAST SECTION LINE; THEN WEST 450 FEET; THEN SOUTH 290 FEET; THEN EAST 450 FEET
TO THE PLACE OF BEGINNING.
be, and the same is hereby changed to Residential B.
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.)
NEW BUSINESS
Scheduled a special City Council meeting on
Set a special joint meeting with the Planning
Commission on
Being no further business the
meeting adjourned at
______________________________________
Selina Tisdale, City